#theres also the fun sidegame in military law where the first person to cite the japanese internment cases for 'the power to wage war
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mourning-again-in-america · 2 years ago
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Vladeck once outlined the military commission legal debate as being one where each side cites the few cases that exist as being the "real" cases at issue, while others are always distinguished (usually without much care) from the current case in question, so the scholarly consensus over what the exact holdings are in Johnson v. Eisentrager or ex parte Quirin or ex parte Milligan isn't very well settled
I feel this way about the power of Congress to regulate the powers of the several states, in their judicial and legislative capacities. Usery, Testa, FERC v. Mississippi: be clearer and say what you mean, instead of what's pleasant!
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