I have a question regarding Constitutional arguments for and agains certain issues.?

Question

What are the Constitutional arguments for and agains the following issues:

Detaining unlawful enemy combatants.

Putting provisions in Patriot Act which allow federal appointments without Senatorial Confirmation

Answer 1

1. Detaining unlawful enemy combatants.

Unlawful enemy combatants fall under the jurisdiction of the military. Detaining them falls under the treatment of prisoners of war and because they are unlawful, the Geneva Convention do not apply.

2. Putting provisions in Patriot Act which allow federal appointments without Senatorial Confirmation.

There are many federal appointments that do not require Congressional Confirmation. It is determined by laws set by Congress and signed by the President. So, some positions require confirmation and others don't.