The Madness of Hamdan
Either five members of the Supreme Court can’t parse the phrase “Commander in Chief” or they haven’t grasped that we are at war. In wartime, finding, killing, capturing, confining and punishing the enemy is the President’s job, his core function. Congress has only a peripheral role in running a war.
I have to admit, I saw this coming back in March, when I posted the following words from Justice Breyer:
"You want to try a war crime. You want to say this is a war crimes tribunal. "One, this is not a war, at least not an ordinary war. Two, it's not a war crime because that doesn't fall under international law. And three it's not a war crime tribunal or commission because (there is) no emergency."
I believe Breyer answered the question for yesterday's majority about whether we're at war or not.