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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction -- Ignore unavailable to you. Want to Upgrade?


To: Bill who wrote (52259)10/18/2006 4:48:34 PM
From: wonk  Read Replies (1) | Respond to of 90947
 
…This law is restricted to alien enemy combatants waging unlawful war. All terms and procedures are defined unambiguously from what I can see.

You may be right, but as I argue the law is vague (which is the mother’s milk of all lawyers). Your position is that – interpretively – the law is unambiguous.

… An Act…To authorize trial by military commission for violations of the law of war, and for other purposes.

My position would be that if the drafters wished clarity, they could have stated such - declaratively. So for example, they could have wrote:

“None of the provisions herein apply to citizens of the United States.

What could have been simpler?

When lawyers want to make sure the meaning is clear they say: ...You can do this, and this only... or ...You cannot do that....

Now, I’m done.

ww



To: Bill who wrote (52259)10/19/2006 9:41:47 AM
From: jlallen  Respond to of 90947
 
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To: Bill who wrote (52259)10/19/2006 9:41:48 AM
From: jlallen  Respond to of 90947
 
edit