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| Also, further to your post, didn't SCOTUS basically advise that Congress should look at Article 3 and determine what some of the phrases meant? I didn't read the decision itself, as I was too busy getting my eyeballs that had rolled up into my skull back into their normal positions after hearing the decision and just read quotes and summaries; but I do remember Justice Stevens in his plurality opinion writing "that the court has traditionally held that offenses against the law of war are triable by military commission only when they are clearly defined as war crimes by statute or strong common law precedent." And this does seem to me to be exactly what the President is asking for. |