Question

in 2006 the Supreme Court struck down president bush plan to use military tribunals to prosecute persons captured in the war against terrorism deciding that only congress has the power to provide for the creation of such court like bodies. on what constitutional principle was this decision based

Answer 1

Separation of Powers

Step-by-step explanation

Separation of Powers provides a vital system of checks and balances this is by vesting of the legislative, executive, and judiciary powers of government in separate bodies. The purpose of power separation is dividing the responsibilities of the government so as to limit one branch from exercising the core functions of others. This serves a purpose of power concentration providing check and balances system. The theory of power separation was that If the legislative and executive powers are combined in the same organ, the liberty of the people gets jeopardized because it leads to tyrannical exercise of these two powers.

So president bush plan to use military tribunals to prosecute persons captured in the war against terrorism deciding that only congress has the power to provide for the creation of such court like bodies. on what constitutional principle was this decision based on Separation of powers. This The Executive, composed of the President, Vice-President, and the Departments, is set up in Article 2..

Answer 2

This is based on the principle of separation of powers. There are certain things that only congress can do, and the president can veto, but he cannot act solely on his own.