Anyone who has actually read the US Constitution can see that detaining someone indefinitely, incommunicado, and torturing them is unconstitutional. An editorial in todays NYT points out that a legal resident of the USA, Ali al-Marri, has been held and tortured for the last seven years.
Mr. Marri was arrested in Peoria, Ill., in December 2001 on criminal charges. In 2003, while his criminal case was pending, Mr. Bush designated him an enemy combatant, and he was moved to a Navy brig near Charleston, S.C. For 16 months, Mr. Marri was held incommunicado. During his detention, he reportedly has been subjected to treatment that borders on, or actually is, torture.Yes, I understand that Mr. Marri has a funny middle eastern name so he is probably a terrorist and not a Christian. Think this matter doesn't concern you? Think again.
The federal appeals court made clear that its ruling upholding the president’s power to detain enemy combatants applies equally to American citizens. If the ruling stands, presidents would be able to throw out due process, habeas corpus and other basic constitutional and statutory rights for anyone they declared to have terrorist ties.Just be thankful you don't have a middle eastern name....or do you?