[sourcery]

The "Enenmy Combatant" cases have nothing whatsoever to do with the Patriot Act. They are based on the World War II case known as ex-Parte Quirin. The court in this case basically said that ex-Parte Quirin does not apply, because Congress has not declared any war, and so no war exists that has any Constitutional standing.

[jwalsh07]

The "Enenmy Combatant" cases have nothing whatsoever to do with the Patriot Act. They are based on the World War II case known as ex-Parte Quirin. The court in this case basically said that ex-Parte Quirin does not apply, because Congress has not declared any war, and so no war exists that has any Constitutional standing.

I doubt very much that any court would claim to be the arbiter of whether or not this country is at war. You got a link for that? That would be an incredible reac considering that Congress invoked the War Powers Act even in this time of runaway judical activism