A Constitutional National Security Crisis of Obama’s Own Creation

Conn Carroll / January 04, 2010

We touched on this issue this morning, but former Assistant United States Attorney for the Southern District of New York and current National Review Institute senior fellow Andrew McCarthy has in depth article at National Review Online on the Constitutional crisis President Barack Obama is creating by failing to press comprehensive war on terror detainee legislation through Congress. McCarthy writes:

The Constitution gives the political branches plenary responsibility for the conduct of war. The conduct of war includes the detention, trial, or release of enemy combatants. The federal courts have no role except the one they have usurped. This brazen power grab flouts the bedrock constitutional separation of powers, and the political branches do not have to abide it. Indeed, as national defense is their chief responsibility, it is their duty not to abide it. (more…)