[E]ach time the Congress faced the issue, a clear majority of its members insisted upon a series of rules and regulations that were constitutionally doomed before the ink on the legislation was dry. The Supreme Court-- a very conservative Supreme Court, I shouldn't have to add-- ruled against the Congress and the Bush Administration on such topics over and over again. In 2004. In 2006. In 2008. It was Congress' stubborness, and the legal stasis it generated, that has forced the Obama Administration to choose another path.See the full post at Cohen's Atlantic Correspondents blog.
This article available online at:
http://www.theatlantic.com/politics/archive/2010/02/are-congress-conservatives-responsible-for-civilian-terrorism-trials/35266/
