CurtisA. Bradley is the author of the article “Clear Statements Rules andExecutive War Powers”. He tries to explain how the president’spower on issues related to war is unclear. In addition, he points outthat courts are also unwilling to issue orders that will deny thegovernment the mandate to deal with issues related to war on terror(Bradley, 2012). Curtis explains numerous scenarios where the court’sdecision appears anomaly. The first scenario is the decision made byJustice O`Connor allowing for the detention of an American citizenapprehended in Afghanistan. Similarly, the court rejected the Bushadministration military commission system by imposing restrictions.
Theauthor further explains the issue of statutory authority. He explainsthat the state misuses its powers by making decisions that arebiased. He gives the example of Al-Marri, who was a Qatar citizen. Hewas a tourist in America but was arrested on counts of fraud(Fleming, 2011). The Bush administration alleged that he was a Qaedaagent and was declared an enemy combatant. The Bush administrationordered for his detainment in the military custody.
Curtisalso analyses the liberal and conservative claims on the role of aclear statement required in executive war powers. On the radicalclaims, the author demonstrates the need for a clear statement duringwartime when liberty is at risk (Bradley, 2012). On the conservativeclaim, the author argued that judges should delay to executiveresolutions that the welfare of war outweighs the costs to liberty.According to Curtis, the issue of a clear statement seemssophisticated irrespective of the suggestions provided by liberal andconservative claims. He states that the practice and pattern observedby courts are that they approve or deny a statement depending onnumerous considerations. For instance, whether the convention strivedto control the area and the extent to which executive actions seemsnecessary among others (Fleming, 2011).
Theauthor argues that a clear statement is needed for any militarydetention of people who are lawfully in the U.S. The arrest ofAl-Marri was necessary due to numerous reasons. First, he wasconnected to the war in Afghanistan and could have been in America tospy (Bradley, 2012). Second, he was an enemy combatant, and hisdetention could be one of the ways to fighting the war on terror. Itis proved that the summit had tried to regulate the situation facingAl-Marri and provided for the detention of any alien resident who maybe connected to terrorism. Was there a sufficient evidence showingthat Al-Marri was a Qaeda and was involved in the wars inAfghanistan?
Bradley,C. A. (2012). ClearStatements Rules and Executive War Powers.Retrieved from: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2730&context=faculty scholarship
Fleming,J. E. (2011). Gettingto the rule of law.New York: New York University Press.