Kramer, the dean of Stanford Law School, argued not against originalism but against judicial review (a power wielded, in recent years, by an originalist Court).

NEWYORKER: The Commandments

Finally, the transnationalists urge that the power of the executive branch should be constrained by judicial review and the concept of international comity, while the nationalists tend to believe that federal courts should give extraordinarily broad deference to executive power in foreign affairs.

CENTERFORSECURITYPOLICY: Lawfare and Obama's transnationalist

So they have that power, and they also have, of course, judicial power to be able to detain suspects for a substantial period of time and to hold some with review over an indefinite period.

NPR: A Look at Al Qaeda's Strength, Structure