Decius wrote:

In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that "no court, justice, or judge" can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.

The relevant section from Section 9 of Article 1 of the Constitution:

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

This edit completely ignores the equally significant ex post facto restriction in Article 2, meaning, you can't judge someone for laws added after the fact. In trying to remove who can consider the petitions, the law is clearly unconstitutional in ways that are blatantly obvious.

The oath of office is "preserve, protect and defend, the Constitution" not the country. Sacrificing the Constitution to preserve the country kills the country. It is that simple. George Bush has violated his oath of office.

RE: Court Told It Lacks Power in Detainee Cases - washingtonpost.com