The Court thus rejected the Administration’s claim that the President has the inherent, unchecked Constitutional power to do whatever he wants in designating US residents as “enemy combatants.” (The Youngstown analysis also applies when evaluating the scope of the President’s Constitutional powers to authorize warrantless surveillance of US citizens, because Congress passed the FISA statute expressly limiting the executive’s surveillance authority.)
Scarecrow also does even more homework by examining the analysis of Marty Lederman at Balkinization.
Still waiting for Glenn Greenwald's response to the ruling.
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