Originally posted by Mace2004
Three points.
I find it kind of appalling that you don't consider Sept 11 and other acts or plans of terrorism within the US as an "invasion".
In any case, no where does the Constitution say that a Rebellion or Invasion has to be "declared". The only mention of even a remotely relevant "declaration" regards a declaration of war. Even so, the war powers of the President do not require such a declaration for him to act.
The law does not constitute a suspension of the writ of habeas corpus by the Congress (which is the section you quote), nor does it apply to US Citizens. The Congress BTW, has the right to "make rules concerning captures on land or water" so they do have some say in how captives are handled while the Constitution says nothing about Judicial power in this area. Most importantly though, the law denies the court's authority in this matter, something that is completely within the Legislature's power and reasserts the limits to Judicial power recognized by all previous Supreme Courts. These limits are part of "checks and balances."
http://www.m-w.com/dictionary/invasionMain Entry: in·va·sion
Pronunciation: in-'vA-zh&n
Function: noun
Etymology: Middle English invasioune, from Anglo-French invasion, from Late Latin invasion-, invasio, from Latin invadere to invade
1 : an act of invading; especially : incursion of an army for conquest or plunder
2 : the incoming or spread of something usually hurtful
http://en.wikipedia.org/wiki/InvasionAn invasion is a military action consisting of armed forces of one geopolitical entity entering territory controlled by another such entity, generally with the objective of conquering territory or altering the established government. An invasion can be the cause of a war, it can be used as a part of a larger strategy to end a war, or it can constitute an entire war in and of itself.
The term usually connotes a strategic endeavor of substantial magnitude; because the goals of an invasion are usually large-scale and long-term, large forces are needed to hold territory and protect the interests of the invading entity. Smaller and lighter tactical infiltrations are not generally considered invasions, being more often classified as skirmishes, sorties, targeted killings, assassinations or reconnaissance in force. By definition, an invasion is an attack from outside forces. As such, rebellions, civil wars, coups d'etat, and internal acts of democide or other acts of oppression are generally not considered invasions.
One could nitpick this thing to pieces. I see no invasion here, nor rebellion. Congress has not declared, by act of law, that an invasion has taken place and therefore it is suspending habeas corpus. That is what I think is required.
