Juan Cole mourns its passing:
Bush and a supine, cowardly Congress shredded the US Constitution on Tuesday, abolishing the right of a court review (habeas corpus) for some classes of suspect. Suspect, mind you, not proven criminal.
In other words, we have to be confident that George W. Bush is so competent, all-knowing, and inherently just that we can just trust him. If he says someone is an enemy combatant, then he or she is. No need to check with a judge about why he or she is being held. And then Bush can have the suspect tortured to make him confess, and can convict him on the basis of the coerced confession, all in secret...
I look out my window. I don't see a general Rebellion or an invasion by a foreign power. The conditions, under which the right of the imprisoned to demand that a court establish whether there are genuine grounds to hold him is suspended, are absent.
The law is unconstitutional...
The Republic is Dead, Long Live the Republic.
You want a resurrection of the Republic?
Join the American Civil Liberties Union and send it lots of money.