Here's an interesting Federalist Society debate about the Al-Marri case.
I particularly agree with the fellow who says this:
- This is going to sound awfully political, and I don't mean it to be, but when Congress passed the AUMF in the immediate aftermath of 9/11, it had no idea what its authority would be used to justify in 2007 six years later. But I fault Congress now, not then. Congress now needs to step back into the fray (campaign year--fat chance) and redefine precisely what powers it wants to give to the Commander in Chief in light of our experience since 9/11 and the present reality. Some may believe that the President has pushed the envelope too far, but Congress never sealed the envelope.
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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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