Saturday, April 08, 2006

Not-so-trivia(l)

I know, I said I wouldn't be blogging, but given the sheer enormity of the task before me, this won't kill me.

Behold, the excerpt whose import is of some concern:

"...the war power includes the power 'to remedy the evils which have arisen from its rise and progress' and continues for the duration of that emergency. Whatever may be the consequences when war is officially terminated, the war power does not necessarily end with the cessation of hostilities. ...it is adequate to support the proservation of rights created by wartime legislation."

Your task, should you choose to play, is to guess at the author. I did leave out some identifying bits, but the substance is pretty much there.


The above excerpt encapsulates my problem, which I don't yet know how to tackle. Is that really constitutional? If yes, how the heck do you transition out of a wartime legal regime?

1 comment:

The Tiger said...

I would guess that it is one of the... h'm. Lincoln was expansionary in his interpretation of war powers, but this doesn't sound like his English.

I would guess that it's from one of those Supreme Court decisions -- possibly the one that upheld the internment of Japanese-Americans during the Second World War.

***

And... well, you don't transition out of a wartime legal regime. At least, we haven't. Passport regulations were emergency wartime regulations in WWII that were never repealed.

Every time we go to war, stuff like that happens - the government grows.