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Even if Congress did so delegate, Congress does not have the power to delegate textually committed powers any more than it has the power to delegate the power to make laws in the President.

Isn't that something for the Court to decide? Can you point out where they struck down the Militia Act?

Again, as I’ve pointed out in earlier posts, this issue isn’t even up for debate. The President can’t suspend the writ of habeas corpus. That’s just all there is to it.

Far greater legal minds than ours would disagree with you. Chief Justice Rehnquist is a speech in 2000 admits that the matter of just who may suspend habeas corpus has not been authoritatively answered to this day. Don't you think he would know?

Link

Chief Justice Rehnquist is a speech in 2000 admits that the matter of just who may suspend habeas corpus has not been authoritatively answered to this day. Don't you think he would know?

If those are his words, then no. It's quite clear. If there was any debate before--which there wasn't--then it was answered by Hamdi.

Chief Justice Rehnquist is a speech in 2000 admits that the matter of just who may suspend habeas corpus has not been authoritatively answered to this day.

Incidentally, Rehnquist voted with the plurality in Hamdi, didn't he? Guess if he had any doubts, they were resolved by 2004, huh?

By the way, how did Scalia vote in that case?