Padilla, Quirin and Detention; Let the Commander-in-Chief Command

The Washington Times (Washington, DC), March 4, 2005 | Go to article overview

Padilla, Quirin and Detention; Let the Commander-in-Chief Command


Byline: Michael Billok, SPECIAL TO THE WASHINGTON TIMES

On Feb. 28, the U.S. District Court for the District of South Carolina directed the release of Jose Padilla, the terrorist who planned to detonate a "dirty bomb" in a major United States city. For those unfamiliar with his case, Padilla was arrested on May 8, 2002, in Chicago's O'Hare International Airport after arriving from Pakistan. He was subsequently designated an enemy combatant by the president and transferred to a military brig in South Carolina. Though the first appeal of his detention was initially successful, the Supreme Court held last summer that it had been filed in the wrong court, sending Padilla back to square one.

And yet on Feb. 28, Padilla advanced to square 100. After Padilla appealed again in the correct court, U.S. District Judge Henry Floyd ordered his release by April 14 (in order to have time to complete his duties as a citizen to file and pay his taxes, no doubt). In his 23-page ruling, Judge Floyd held that Congress never authorized military detention of citizens, and that the president does not have this authority without congressional authorization.

This conclusion is plausible only if certain constitutional principles are ignored. The Constitution grants Congress the powers to "raise and support armies," "to provide and maintain a Navy" and "to declare war," but of equal importance is that Congress only has the powers listed in Article I, and nothing more. In contrast, not only is the president the "commander-in-chief of the Army and Navy," but he also enjoys executive powers beyond those specifically mentioned in Article II.

The bottom line is this: In war, Congress' powers are limited to funding the military and authorizing the use of military force. But after authorization is given, the power to wage the war rests with the president, not with Congress. There can be only one commander-in-chief, not 536.

But the court on Feb. 28 held that, despite Congress' authorization after the September 11 attacks, for the president to use "all necessary and appropriate force" against terrorists planning attacks against the United States, this did not include the power to detain Padilla. On the contrary, the court held that military detention was not necessary nor appropriate for a man who, even without the alleged "dirty bomb" plot, admits to accepting an assignment given by Khalid Sheikh Mohammed, al Qaeda's No. 3, to blow up apartment buildings in major cities.

Instead, much like a certain presidential candidate, Judge Floyd believes that "this is a law enforcement matter, not a military matter. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Padilla, Quirin and Detention; Let the Commander-in-Chief Command
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.