Posted on 04/02/2009 9:16:12 AM PDT by NormsRevenge
WASHINGTON A federal judge ruled on Thursday that prisoners in the war on terror can use U.S. civilian courts to challenge their detention at a military air base in Afghanistan.
U.S. District Judge John Bates turned down the United States' motion to deny the right to three foreign detainees at Bagram Airfield in Afghanistan.
The U.S. Supreme Court ruled last year that detainees at Guantanamo Bay, Cuba, have the right to challenge their detention in court. But the government had argued that it did not apply to those in Afghanistan.
(Excerpt) Read more at news.yahoo.com ...
Stop it right there.
That shit just didn't happen and you need to quit that myth.
You would have found a great deal of information along with supporting text if you had bothered following the link provided.
-----
I have only found that a Declaration of war must exist. I have found no parameters or limitations on what a Declaration of war is. Please give references from the US Constitution.
For historical documentation, try Article I, Section 8, Clause 11
Here are the contemporary legal definitions
declaration
n. 1) any statement made, particularly in writing. 2) a written statement made "under penalty of perjury" and signed by the declarant, which is the modern substitute for the more cumbersome affidavit, which requires swearing to its truth before a notary public.
resolution
n. a determination of policy of a corporation by the vote of its board of directors. Legislative bodies also pass resolutions, but they are often statements of policy, belief or appreciation, and not always enactment of statutes or ordinances.
A Declaration of War is a written, sworn testimony that the undersigned parties intend, in truth, to do something. It is a legally binding affidavit.
A Resolution of Force, on the other hand, is an unsigned, unwitnessed statement. It is NOT legally binding, so it carries no force in law whatsoever. For all practical purposes, it's just somebody's opinion.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.