I'm not promoting anything. I'm just reporting the established law that applies to Dzhokhar Tsarnaev's case -- according to SCOTUS.
I'm not giving Obama any powers he doesn't already hold. Which serves to emphasize the point that we should be very, very careful about who we elect to high office.
Ex parte Quirin is shakey at best in its application to this case.
First, only one of the 8 Germans was a U.S. citizen. So the case of those seven doesn’t apply.
As for the one that was a U.S. citizen, the case hinged on war powers of the POTUS. We aren’t in a declared war and the current POTUS has declared publicly that the war on terror is over. We have specifically stated that we are not at war with Islam and we clearly are not currently at war with Russia.
Like many SCOTUS decisions, this one is heavily flawed. It draws no distinction between citizens and noncitizens. How does a citizen prove that they are not a foreign combatant, if they are not afforded Constitutional rights? Indeed, why are they having to prove their innocence in order to get a customary trial?
Providing the POTUS the ability to declare citizens to be less than citizens defeats the entire purpose of the Constitution. Constitutional protections are intended to keep us safe, no matter who is elected.