If, on the other hand, the constitutional protection is applicable, the focus of inquiry should not be whether Congress has prohibited the intrusion, but whether Congress has expressly authorized it, and no such authorization can be drawn from Rule 41.
'A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.' 28 U.S.C. 2283 19588 ed.).
The sale was not expressly authorized, nor authorized by necessary implication.
As has been noted the Railway Mail Pay Act expressly authorized the Commission to classify carriers and 'where just and equitable, fix general rates applicable to all carriers in the same classification.' 39 U.S.C. 549, 39 U.S.C.A. § 549.
That has no application to any other detainees, for whom civilian trial is expressly authorized in the bill.
And just last week the Senate Armed Services Committee blocked the Navy from building a biofuels plant, unless expressly authorized by Congress.
(d) Only those services expressly authorized by this section are allowable under this section.
The TOS expressly authorized Linden to engage in such unilateral conduct.
Unless there is an emergency, there will be no hiring, overtime or purchases unless expressly authorized by me".
Nor would it necessarily be constitutional to do so, even if Congress expressly authorized the military detention of civilians.
Paul applies the definition strictly, calling for the abolition of all federal programs not expressly authorized by the document.
