A Thump Against the Imperial Presidency

The 2nd Circuit Court of Appeals rules against the government on Jose Padilla’s detention as an enemy combatant:

Contrary to the government’s argument, they said, the president does not have “inherent constitutional authority as Commander-in-Chief to detain American citizens on American soil outside a zone of combat.”

While considerable “deference” must be given to the president’s authority, the court said the deference does not include allowing him to sidestep the federal courts and the Congress.

Indeed, it said, “separation of powers concerns are heightened when the Commander-in-Chief’s powers are exercised in the domestic sphere.”

The panel rejected the administration’s argument that a 1942 Supreme Court case involving the military tribunals during World War II supported the government’s position.