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struggle4progress

(118,566 posts)
7. Constitution Article I Section 8 Paragraph 11:
Sat Jan 5, 2013, 11:27 AM
Jan 2013
... Congress shall have power ... To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ...
http://www.law.cornell.edu/constitution/articlei#section8

Guantanamo is a disgrace, and holding people indefinitely without due process is a traverty, but IMO the courts are very likely to hold that Congress does have the ability to influence how the Guantanamo prisoners are held, either as in consequence of the war powers clause cited above or in consequence of Congressional control of the purse


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