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These are the best legal minds in our country. I kept reading the document, expecting them to find some loophole, or some obscure statute that authorizes this. But no, they're just basing it on that that insane interpretation of Art. 2 & the Authorization of Force Resolution.
You'd think this would be slapped down by any court in the country. But back in 2003, the DOJ made the same argument to justify detaining suspected terrorists as "enemy combatants," & it worked. The Supreme Court upheld the detentions, stating that the AUF Resolution also allows the president to detain suspected terrorists. In the 1940's Korematsu case, the Supreme Court ruled that Roosevelt had the authority to detain Japanese-Americans under his authority as CIC. It's obvious to 8th-grade students, but maybe not to people with an agenda. I still have hope, though, that the NSA spying will be found unconstitutional once it reaches the courts.
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