Originally Posted by
logroller
I agree, its tricky. As it begs reason as to what level of autonomy the executive must have to carry into force its Constitutional role. The Judicial branch is the monday morning qback really; their role is solely as a trier of fact, not propositional, some evidence of a wrong must exist, and (this is important) someone must bring such a claim-- as such, their ruling in the case I linked was justly dismissed.
Should Congress elaborate on the intent and extent of the power and process terrorists are brought to justice? Sure, of course they should. But you can't say the executive was wrong for having carried into force their own policy when Congress gave them broad reign over how to combat terror. However, laws can (and should) be adjusted to better fit their prescribed intent; so I don't think its reasonable for COngress to impose their, or the Justice Branch's, participation into the executive function-- separation of powers.