Bush Military Court Order

[glenn reynolds]

I agree that this matters.  Requiring the "war power" to be
exercised only after a momentous vote of Congress has an
obvious -- and important -- check-and-balance function, which is
why I disagree with those on this list who maintain that war
declarations are of no significance.  I note that Yakus and
Youngstown both seem to attach considerable importance to the
matter as well.

Original message from: Judith Baer

>Another problem: this isn't a time of war.  Congress hasn't
declared one.
>When FDR issued his executive order, there was a declared war.
I apologize
>if this is repeating an earlier post--it's such an obvious point that I
>would expect someone to have made it.
>
>Judy Baer