Brief filed: 06/13/2005
Padilla v. Hanft
4th Circuit Court of Appeals; Case No. 05-6396
From the founding of our Country, military control over the civilian populace has been an anathema to our Constitutional system. The composite structure of the Constitution, to include the Bill of Rights, supports the basic concept of “civilian supremacy.” Absent a declared war or martial law, the military order of the President confining Jose Padilla -- a civilian U.S. citizen -- indefinitely in a military brig violates this basic principle....
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