…The prevention of such a grotesque outrage is written into the Constitution – in Article I, Section 9, which prohibits suspending the right of habeas corpus except in cases of rebellion or invasion. Nevertheless, earlier this year Congress passed, and President Obama signed, the National Defense Authorization Act, which authorizes the indefinite detention, without charge or trial, of American citizens by the U.S. military.
Taking a page out of George W. Bush’s book, Obama included a signing statement indicating that he would disregard the parts of the law he does not like, including the detention provision. But his forbearance, while welcome, does not constrain future presidents. (It does not even constrain him, for that matter; he can change his mind at any time.)… via Reason