[okie01]

First, only one of the 8 Germans was a U.S. citizen. So the case of those seven doesn’t apply.

The other seven aren't in question. Only the one who was a U.S. citizen -- just like Dzhokhar Tsarnaev.

As for the one that was a U.S. citizen, the case hinged on war powers of the POTUS. We aren’t in a declared war and the current POTUS has declared publicly that the war on terror is over.

Ah, but we are. The Resolution for The Use of Military Force IS a "declaration of war".

And there are specified formal measures that have to be taken in order to end a war -- starting with a formal process declaring the "end of hostilities" and requiring Congressional assent. Bush took this step in Iraq.

Obama may have said the War on Terror was over...but he has never formally ended it. In Afghanistan or anywhere else. We remain in a state of war with the forces of Islamic Terror.

[SampleMan]

We remain in a state of war with the forces of Islamic Terror.

Acting as the young terrorists defense team, "Please produce the document that says that." So goes the problem of not actually acknowledging that we are in a war with Islam.

He isn't an Afghani and you may never find proof of a direct connect (beyond Islam) with Al Queada.

[SampleMan]

In your opinion, what prevented FDR from declaring any U.S. citizen a combatant of a foreign power?

SCOTUS decisions are not replacements for the Constitution. Either you have rights or you don’t have rights. If you only have rights at the discretion of the POTUS, then you have no rights.

[nickcarraway]

President Nixon said the U.S. was at war with cancer. (I think he may even have signed an executive order to that effect) According to your logic, do all people with cancer, ipso facto sacrifice their U.S. citizenship? (The powers you want to give President Obama, and any future president, are really scary)