pecunium

I'd say logic, but while there is a logic to the law, it isn't always what a logician might see as logical; and certainly not what the lay reader would.

In the habeas case before the US District Judge Richard Leon the Gov't made the following claim, "The fact that the Supreme Court has left the reach of the “enemy combatant’ concept to the lower courts in the first instance, the brief argued, “is not an invitation for judges to veto such wartime decisions about the appropriate breadth of the enemy combatant definition.”

See, the fact that the Supreme Court told the lower courts they were empowered to make such decisions doesn't mean they are actually authorised to do it.

Got it? The Supremes Advise, the Deciderer decides, and the Lower Courts go along with The Plan.

That nonsense about checks and balances, where the Legislature legislates, the Executive executes the legislation and the Judiciary adjudicates... Old fashioned, that Pre-W thinking (but if you think the Repubs are going to be thinking the same way in a non-McCain Post-W world, well you got another think coming).

The Boss-Man makes the rules, and the rest of us are supposed to go along.

That's another thing Obamas feet need to be held to the fire on.