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Samuel Alito on War & Peace

Supreme Court Justice (nominated by Pres. George W. Bush 2005)


President does not have a blank check in time of war

SEN. LEAHY: Justice O'Connor wrote that the president does not have a blank check even in time of war. And yesterday, you told Senator Specter that you agreed with Justice O'Connor's general statement. A very different view was in the dissent. Justice Thomas would have upheld the extreme claims for this all-powerful and essentially unchecked president. He argued the government's power could not be balanced away by the court and there is no occasion to balance the competing interests. Which one is right?

ALITO: Justice O'Connor wrote the opinion of the court. She concluded that the authorization for the use of military force constituted an authorization for detention. I think that the war powers are divided between the executive branch and the Congress. I think that's a starting point to look at in this area. I certainly don't think that the president has a blank check in time of war. He does have the responsibility as the commander in chief, which is an awesome responsibility.

Source: Sam Alito Senate Confirmation Hearings Jan 11, 2006

Other Justices on War & Peace: Samuel Alito on other issues:
Samuel Alito
Stephen Breyer
Ruth Bader Ginsburg
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Sandra Day O'Connor
William Rehnquist
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Page last updated: 3/27/2008