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To: Wasanother
I'm only interested with regards to Presidential Authorities when conducting a war. After almost every conflict there are constitutional challenges that occur and for the most part the lower courts have upheld the Presidential Constitutional Obligations on the conduct of the war and some have made there way to the SC with the SC abstaining from rulings but giving general opinions that they don't want to interfere with the Presidential Authorities.

Lincoln overstepped the Congressional grant that established a perimeter for suspending habeas corpus ...
http://www.freerepublic.com/focus/f-news/1545425/posts?page=260#260
Ex Parte Milligan, 71 U.S. 2 (1866)

The court did NOT rule on Japanese internment in Korematsu. It ruled on the part of the military order (that was authorized by a specific Congressional Act) that said the Japanese could be excluded from militarily sensitive areas (the specification of areas was delegated to the military by the Act of Congress), but did not rule on the Constitutionality of the internment ...
http://www.freerepublic.com/focus/f-news/1545018/posts?page=46#46
Toyosaburo Korematsu v. United States, 323 US 214 (1944).

The first few pages of Korematsu are must read material in light of the current war on terror. Milligan is good too, and no doubt will be a point of law raised in the Padilla case. While very illuminating, Milligan is dense reading.

450 posted on 12/28/2005 3:52:06 AM PST by Cboldt
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To: Cboldt
By the way, wasn't there a lower-court ruling in the '80s that went against Korematsu?
461 posted on 12/28/2005 7:40:46 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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