We are not at war. But we are in military conflict with extra-national non-identified combatants, in which said actions have been upheld by the SCOTUS in cases such as Padilla v. Rumsfeld. More over noting the case that war has not been declared by congress, miltary action has been, thus opening the door to tribunals.
Even in court cases as late as 2008 where the SCOTUS ruled against the Bush administration, they still didn't challenge the legality of Gitmo or the President's right to deem suspects combatants, merely that they have a right to challenge the status and a right to file for habeaus corpus.
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To win a war you must serve no master but your ambition.
Last edited by Mojo_PeiPei; 11-20-2010 at 01:32 PM..
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