Ali Hamza Ahmad al Bahlul v. United States

“[T]here is no liberty if the power of judging be not separated from the Legislative and Executive powers.” The Federalist No. 78, at 425 (Alexander Hamilton) (E.H. Scott ed. 1898) (citation omitted). Under our system of. separated ..powers, that means that the Judicial Branch bears both distinct responsibilities and distinct constraints. In particular, the Judicial Branch must declare and enforce the Constitution’s limitations against the actions of the Political Branches in cases when that is necessary. And we must not do so when it is not necessary. “After all, a longstanding principle of…