In response to a question about executive war power and the detention of enemy combatants, Kagan said that the Obama administration (through the Office of the Solicitor General and the DOJ) has grounded its opinion of its power not under inherent Article II powers, but instead under the statutory powers granted by Congress under the Authorization for the Use of Military Force in Iraq and Afghanistan (AUMF).
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Executive Power: A quick note from the Kagan…
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In response to a question about executive war power and the detention of enemy combatants, Kagan said that the Obama administration (through the Office of the Solicitor General and the DOJ) has grounded its opinion of its power not under inherent Article II powers, but instead under the statutory powers granted by Congress under the Authorization for the Use of Military Force in Iraq and Afghanistan (AUMF).