Quote:
Originally Posted by Derwood
The Constitution does not grant the President the power to indefinitely hold prisoners without trial. It's pretty simply really.
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The Military Commissions Act does, though. That law may very well itself be unconstitutional--provisions of it have been shot down by the Court as laid out above. There's nothing preventing Congress from passing and the President from signing laws that are blatantly unconstitutional. It's the job of the judiciary to elevate cases that test those laws to the SCOTUS for review.