Another Reason Military Tribunals Are Not Appropriate for Terrorists

I've written before about constitutional reasons to guarantee basic rights to those accused of terrorism.  But even discounting those reasons, it is still unconstitutional to try suspected terrorists in military tribunals.  Why?  For the simple reason that we have not declared war -- and "just calling it a ‘war’ on terror doesn’t count."

In fact,

no president has yet to appear before Congress to ask for a Declaration of War – nor has Congress ever made such as declaration. Therefore, there can simply be no Constitutional justification to create military tribunals to try alleged enemy combatants  as they are enemy combatants in a war that Congress has never declared.

This is not based on unsubstantiated legal opinion, but in specific case law:  "[T]he Supreme Court ruled in Ex Parte Quirin that a formal declaration of war is the legal prerequisite to the government’s use of the tools of war."