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Inherent authority absent statutory authorization is different from inherent authority in the face of statutory prohibition.
It said that the president, as commander in chief, has "inherent authority" to establish military commissions without Congressional authorization.
Instead of asking Congress — the branch of government entrusted with defining illegal conduct — to authorize its military tribunals, the administration argued that the president had the inherent authority to unilaterally convene the trials.
The majority concludes the President is without inherent authority to detain Padilla.
The President had the inherent authority to handle the prisoners any way he wanted.
Nowhere, nowhere was an implied recognition of inherent authority under the Constitution to deter and prevent future acts of terrorism.
Similar(13)
That decision, rejecting the argument that President Harry S. Truman had inherent constitutional authority to seize private steel mills, is known as Youngstown.
Rather, the decision correctly found that the president possesses no inherent constitutional authority as commander in chief to detain as enemy combatants American citizens seized on American soil, away from the zone of combat.
And it has also maintained that the president had the inherent constitutional authority to intercept the communications of foreign powers and their agents - regardless of whether Congress prohibited it.
The president possessed no inherent constitutional authority as commander in chief to detain as enemy combatants American citizens captured on American soil, the court said in a 2-to-1 ruling.
"In order to respect the president's inherent constitutional authority to manage a military campaign," the lawyers wrote in the 56-page confidential memorandum, the prohibition against torture "must be construed as inapplicable to interrogation undertaken pursuant to his commander-in-chief authority".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com