Boiled down to its simplest, this EO permits taking “[A]ll property and interests in property...,” which “may not be transferred, paid, exported, withdrawn, or otherwise dealt in...” This applies to, “[A]any person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense..” to have committed enumerated offenses, all of which are narrowly taylored to fall within the war effort, i.e., “threatening the peace or stability of Iraq or the Government of Iraq,” etc., etc.
This is in tension with the 5th Amendment guarantee of “nor be deprived of life, liberty, or property, without due process of law”
The process provided for by judicial branch is not the only means to satisfy substantive due process. If it were, we would never have anything like Article 3 Courts like the bankruptcy court, which exist solely withing the executive branch.
When dealing with the question in a substantive due process claim, the primary question is what process is due? The power of the President to wage war is decidedly broad - if it weren’t we would end up losing whenever we fought. We are entitled to have a powerful executive wield power based upon secure information. So here, the determination, i.e. the legal process, is a decision made by 3 Cabinet level departments of the executive. This is a substantial showing of some sort of legal process must be employed, before private property can be taken.
If you don’t like it, defund the war, and the power goes away. Or elect an executive who will chose not to wield power in this manner. Or how about this - grind the enemey into dust through every means you have at your disposal - that means “Win the War” - and the power goes away.
This is totally constitutional IMHO and I unreservedly support this Executive Order. There is no doubt this is working in concert with the surge. We have information about who is funding the destabilizing elements where our soldiers are fighting and dying. This EO makes it clear that the money flow will stop. So the risk premium on in an investment to sieze political power in Iraq just went up a couple of points. I am pretty sure Ahmadinejad has had to recount the contents of his war chest. And that’s a good thing.
You are impressive! But I knew that. Thank you so much!
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)