Hayes,
> This has technically always been the case since WWII when the POTUS was > allowed to designate an individual as an enemy combatant. At that time, the SCOTUS ruled that he could have that power only because the Congress had enacted a 'Declaration of War'. Last year, the SCOTUS ruled that minus a "Declaration of the War', the POTUS does not have such power unilaterally, that a hearing had to be held to determine whether a person was an 'enemy combatant', then the administration could proceed from there. So far, no hearings have been held, and only sham hearings are scheduled. Vince
