This jumped out at me: "The Justice Department also argued that a judge cannot review wartime decisions that are the constitutional responsibility of Congress and the president." Since there has been no declaration of war, that claim usurps the warmaking power for the Executive branch and tries to put anything done under that usurpation beyond the reach of the courts. "Imperial presidency" almost seems like too mild a term.
no subject
Date: 2011-08-04 07:55 pm (UTC)