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Re: Pepper sprayed for public safety.
Quote:
Originally Posted by taxwonk
It is for the Court to say whether or not Congress is acting within an enumerated power, or, by crafting a purported appropriation that actually deprives the Executive of some material measure of his discretion as Commander-in-Chief, Congress has invaded the powwers of the Executive.
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In essence, you have Congress demanding that the situation be treated as a purely military one, and the President wanting to treat it as one appropriate for civilian prisons and courts. For that reason, an assertion by the President that Congress is stepping on his enumerated powers as the Commander in Chief is self-defeating -- what Congress is doing is insisting this is a purely military situation, and the Executive disagreeing.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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