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Just a small point about John Yoo's torture memo

By Daniel Shaviro

Footnote 10 of the Yoo memo states that the Fourth Amendment does not apply to domestic military operations.

Apparently, the commander-in-chief clause in the original, unamended Constitution (and/or the doctrine of necessity) trumps.

An interesting question for John Yoo: Once the Constitution was adopted, was there any possible Constitutional amendment that would have overridden the commander-in-chief clause?

Is the last-in-time rule inapplicable to it?

Insofar as he is relying on the doctrine of necessity, is there any possible constitutional text that would limit the president's domestic military power?

Is this guy actually a lawyer?

Full post as published by Start Making Sense on April 02, 2008 (boomark / email).