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Re:Edward Snowden's Father Gives Interview: My Son Is Not A ... by will_brown on Friday June 28, 2013 @11:16AM (#5958427)
Perhaps a little more complex...The legislature should get to define a traitor (the criminal laws anyway); the legal authorities should get to arrest and charge the suspect (then again under the Constitution police powers were reserved for the State, but we say that Constitutional protection whittle away years ago, and now people accept the Federal police powers without question); finally the court should ensure due process and fair trial to every defendant.

However, like you elude, when the Executive creates a war on terror complete with special powers to identify individuals and non-state organizations as enemy combatants without any standards or review process, which in turn allows the government to circumvent due process to the point of allowing targeting kill lists and indefinite detentions without any due process or review there is a problem. In fact there is a word for people in power who centralize power and circumvent law and judicial review under the notion of necessity or "nation security"...well anyway we can all be thankful for terms limits (so long as terms limits are not circumvented under the notion of necessity...kind of like Bloomberg in NY)

Re:Edward Snowden's Father Gives Interview: My Son Is Not A ... by dragonwriter on Friday June 28, 2013 @11:21AM (#5958455)
> under the Constitution police powers were reserved for the State

No, they weren't. There is no such provision anywhere in the Constitution. The states are sometimes described as being different than the federal government under the federal Constitution because the former have general police powers while the latter has limited powers, but the key distinction there is "general" vs. "limited"; both have police powers.

Re:Edward Snowden's Father Gives Interview: My Son Is Not A ... by will_brown on Friday June 28, 2013 @01:32PM (#5959209)
First, the Constitution gives Powers (to the Gov.) and Rights (to the People), so you are not likely to find a "provision" expressly stating what the Federal Gov. does NOT have the Power to do, however, the Constitution has an Amendment on point:

10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

You can look as hard as you want you will not find policing powers delegated to the US government within the Constitution. Ergo police powers, that is the power to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare are reserved to the State.

Moreover, " nowhere in the federal Constitution is Congress given authority to regulate local matters concerning the health, safety, and morality of state residents. Known as police powers, such authority is reserved to the states under the Tenth Amendment." (See: http://legal-dictionary.thefreedictionary.com/Tenth+Amendmen...)

In fact your comment proves my point that people accept Federal police power without question, to the point you make an legal argument supporting your point of view (and that of the US Gov.) and provide no support, other than stating "there is no such provision anywhere in the Constitution"