Quote:
Originally Posted by Tyrone Slothrop
A few brief moments with Bing yields someone named Rachel Casey saying this:
I think the general answer to your question is: yes. It would be different if the President had an enumerated power to seize and try foreign terrorists in the manner of his choosing, but it's pretty clear that Congress gets to create the federal prison system and can limit the jurisdiction of federal courts.
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Ah, the power of Bing! (God what a terrible branding).
And as to the latter, yes. But I'm not so sure that executive as commander in chief doesn't have an enumerated power to seize enemy combatants.
Wait, I'm turning to John Yoo! Ah!!!
I'm not sure that's the right case law though, as I'm not sure the federalism issues raised by funding conditions placed on states is the same as the separation of powers issue raised by funding restrictions placed on the executive.
It seems like the flip side of the line item veto case, in a way.
