Inherent authority absent statutory authorization is different from inherent authority in the face of statutory prohibition.
We also conclude that Padilla's detention was not authorized by Congress, and absent such authorization, the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat.
He alleges that participation by the United States in the Vietnamese conflict has not been authorized by Congress conformably with the Constitution, and that absent such authorization, Congress has no power to conscript for military service in armed conflict overseas.
It breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization.
"Absent international authorization, the United States acting alone would be stepping into a situation the consequences of which would be unforeseeable," Mrs. Clinton told a House Appropriations subcommittee.
The day after Mr. Troiani was abducted, his wife says, she received a telegram from Ford warning that he was "absent without authorization" and would be fired unless he reported back to work immediately.
"Whether or not the president has independent power, absent Congressional authorization, to convene military commissions, he may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers," Justice John Paul Stevens wrote for the majority, citing Youngstown.
Because the rules embodied in the Geneva Conventions address matters within the scope of Congress' Article I powers, the President lacks the constitutional power (absent congressional authorization) to violate these treaties.
Absent such authorization, however, the president does have a 48-hour window to report about military deployments overseas.
Alarmingly, once these rules have been invalidated through this process, the agency may not adopt a subsequent similar rule absent express authorization by Congress.
"The transfer of a Foreign Claims Settlement Commission (FCSC) certified claim or interests in certified claimants are prohibited absent specific authorization by the Department of the Treasury's Office of Foreign Assets Control OFACC).
