Federalist #84 vs. Bush

Habeas Corpus is the right to challenge your illegal imprisonment. See here.

In Federalist #84, Alexander Hamiliton quotes Blackstone explaining why the Right of Habeas Corpus is so important

The observations of the judicious Blackstone, [1] in reference to the latter, are well worthy of recital: "To bereave a man of life, Usays he,e or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore A MORE DANGEROUS ENGINE of arbitrary government." And as a remedy for this fatal evil he is everywhere peculiarly emphatical in his encomiums on the habeas-corpus act, which in one place he calls "the BULWARK of the British Constitution."[2]

It seems to me that Hamilton is making the point that the right of habeas corpus is an important check against tyranny.

In the Military Commissions act of 2006,(S. 3930) in section 7 according to the non-partisan CRS summary found at http://thomas.loc.gov it says

(Sec. 7) Amends federal criminal justice provisions to deny any court or judge jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of, or to hear or consider any other action against the United States or its agents relating to any aspect of the detention, treatment, or trial of, an alien detained outside the United States who is or was detained by the United States and has been determined to have been properly detained as an enemy combatant or is awaiting such determination. Makes the provisions of this section effective upon enactment, and applicable to all cases, without exception, pending on or after enactment which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.

It looks to me like the Bush Administration is abridging the writ of Habeas Corpus. Maybe it's legal. Maybe you could argue that the Constitution only applies to citizens. But it seems to me to be the beginning of a slippery slope. And it seems that at least Hamiliton was against it. And I'll side with the Founders any time.