The real problem, as I see it, all started when the Professional Politicians in the "take no resposibility for anything" Congress refused to adhere to it's Constitutional requirements and formally declare war when we are fighting a war. I think it all started with the "police action" Korean war continuing today with the "war on terror". None of this legal nonsense would be under discusssion if Congress will declare war when we send our sons and daughters off to fight in war, regardless what you call it. The Orwell quote," Only an intellectual would believe this nonsense" applies here.
This also means the "War Powers" act is illegal and is an attempt to put lipstick on a pig by not requireing Congress to be responsible for declaring war. All in all, a sorry situation, made worst by Americans citizens getting into inane auguments about trying "combatants" in civil courts when we are fighting an undeclared war. This also means if the President sends the armed services into battle without congress delaring war, He should be removed from office at once by the Congress. Good luck with that.
When we are fighting a legally declared war, combatants are subject to the rules of war, not the Constitution
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