War and the constitution. (Correspondence).
American Prospect, The, February, 2002
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UNDER EXISTING LAW, President George W. Bush has the legal authority to use military commissions to try certain suspected terrorists for violations of the law of war. In arguing otherwise, George P. Fletcher makes numerous blunders ["War and the Constitution," January 1-14, 2002].
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The key decision is Ex parte Quirin (1942), in which the Supreme Court upheld President Roosevelt's decision to use military commissions to try German saboteurs who had landed on Long Island. The Court concluded that Congress had authorized use of commissions to try violations of the law of ...
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