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Alito to face checks and balances question

WASHINGTON, Nov. 15 (UPI) -- Senators said they plan to use Supreme Court confirmation hearings to determine exactly where powers to wage war lie within the U.S. government.

Hearings into the nomination of U.S. Appeals Court Judge Samuel Alito are scheduled for Jan. 9, but senators have been telling the nominee to expect questions regarding the president's war powers.

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The Hill, a Washington newspaper, reported Tuesday unease among moderate Republicans regarding the path of the war on terror and the treatment of detainees has made the Alito hearings take yet another tack.

Democratic senators are expected to ask tough questions of Alito regarding individual rights -- particularly those involving abortion, but with a solid Republican majority the nominee was expected to still win a Supreme Court appointment.

However, some Republicans say their support Alito could rest on his answers regarding war powers, which constitutionally are given to Congress.

Sen. Lindsey Graham, R-S.C., told The Hill: "I'm going to focus on 'war on terror' questions: When does the executive branch's power end and when does Congress's power end."

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