Well, praise God, it seems that the Constitution Mr. G.W. Bush swore to uphold (and please note how the whole second half of the Oath of Office seems pretty much focused on that one responsibility -- that it is in fact the sole specific duty of the office of President mentioned by name) does maintain the Constitutional right of Habeas Corpus to individuals. Even for people accused of crimes! Even for people accused of hideous, unthinkable, unconscionable crimes! Even for people accused of terrible crimes in the midst of terrifying times!
"I do solemnly swear (or affirm*) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
[*: in there for Friends, who would 'affirm' that they tell the truth, rather than promising merely to do it in court for the duration of the proceedings. Also handy for our non-theistically-inclined friends, although I don't see one of those winning major office in the US any time soon. But more info on oaths, affirmations, and office here, if you like that sort of thing.]
To his credit, Bush said the Administration would now abide by the Supreme Court's ruling, but that 'dunt mean I haftagree with it.' In a more reflective mood than Mr. Bush following the close (5-4) ruling, Judge Anthony Kennedy wrote for the majority, 'The laws and Constitution are designed to survive, and remain in force, in extraordinary times.' The ruling therefore upholds the notion of separation of powers woven throughout the Constitution, such that, with reference to this specific case, the Executive Branch cannot legally arrest and detain persons without valid legal reason, setting a precedent that one hopes may lead to further examination and repair of the sundry other holes Bush & Co. have rent in this amazing document he swore to protect and defend.
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