Why hasn't Barack Obama closed the detention facility at Guantanamo Bay?

[TheKentuckian]

84. No, I want you to examine your interpretation in any broad real world application

and maybe see that you have a vision of a forest that makes trees all but impossible, which when followed out lands you in a place where there can be no forests either.

I also call attention to precedence and seperation of powers that your view of the Constitution literally precludes.

In fact, a view of the Constitution that is limited even where it is express by the willingness of Congress to appropriate enforcement.

You are arguing that you only get a trial if Congress is willing to pay for it, despite the implied appropriation because trials are dictated as a right and obligation. You are giving Congress the authority to use the purse to subvert the very law that authorizes its existence.

You know good and well that Congress does not have the authority to dictate prosecutions or the lack thereoff or to order the executive to hold anyone without trial. Just as you know that transfers are not individually appropriated as you know Congress does not write laws for the disposition of assignment of each prisoner.

You espouse a view that makes the executive and judicial branches not co-equal but very subserviant and largely decorative. Further, you present your interpretation as a settled matter that it is foolish to dare question but a view you know to be without much in the way of real world precedence.

You are re-imagining how our government works in a custom fit for this situation. I am fairly certain there are ways such power could be abused that would change this silly ass tune quick.
To take the position that Congress can refuse to fund trials and so the government just has to hold people in Federal custody is fucking absurd. Further, that they can also say they are only going to fund military custody and trials (if any) is way over the top and damn shortsighted because the exact same logic can and must be applied to anything under the authority of the other branches.