The president’s power as commander in chief · Next Generation Bar Exam

Next Generation Bar Exam Quiz

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CONSTITUTIONAL LAW

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During an armed conflict abroad, U.S. military forces capture a U.S. citizen who had traveled to the conflict zone and taken up arms with a group hostile to the United States. He is brought to a military base inside the United States. The President, invoking his authority as Commander in Chief, designates the citizen as an enemy combatant and orders that he be tried before a military commission for violating the law of war. The civilian federal courts in the district are open. Congress has not enacted a statute specifically authorizing trial of U.S. citizens by military commission. The citizen files a habeas corpus petition.

Which of the following constitutional issues is most directly raised by the President's order?

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