The Military Commissions Act is now enacted into law (S.3930). Please read the following:

"The Act explicitly suspends the writ of habeas corpus for detainees who are not U.S. citizens:
e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination".

And just who is an enemy combatant? Please read:

"§ 948a. Definitions ‘‘In this chapter: ‘‘(1) UNLAWFUL ENEMY COMBATANT.—(A) The term ‘unlawful enemy combatant’ means— ‘‘(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or ‘‘(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense".

This raises some fundamental Constitutional legal questions in the minds of the editors of The RE-Constitution. Such as, how did the following Bill of Rights Amendments fail to prevent or to be considered in the passage of this Act...

The Fourth Amendment to the U.S. Constitution reads:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".

Not being professional jurists, it is the lay opinion of the editors that the enactment of S.3930 is a direct violation of the Fourth Amendment.

And,

The Fifth Amendment to the U.S. Constitution reads:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation".

Not being professional jurists, it is the lay opinion of the editors that the enactment of S.3930 directly contradicts the Fifth Amendment by deprivation of habeas corpus and, therefore, of due process of law.

And More,

The Sixth Amendment to the U.S. Constitution reads:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense".

Not being professional jurists, it is the lay opinion - we believe, of the American people in general - that the Sixth Amendment has been violated by the suspension of habeas corpus in the enactment of S.3930.

Further,

The Ninth Amendment to the U.S. Constitution reads:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". (Sometimes referred to as the most enigmatic of the Amendments).

And further still,

The Tenth Amendment to the U.S. Constitution reads:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people". (Is S.3930 a violation of the States Rights)?

And even further still,

The Fourteenth Amendment to the U. S. Constitution reads:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".

Our main question concerning the Fourteenth Amendment, has due process of law been denied with the enactment of S.3930?

[Sources: Thompson-Gale Legal Encyclopedia and Columbia University Press Encyclopedia and the Wikipedia.org]

Also, Article I, Section 9 of the United States Constitution states;

"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".

Not being authorities on this subject, the editors want to express their lay opinion that the conditions of Section 9 have not been met by the suspension of Habeas Corpus in S.3930.

A full senatorial investigationprecededave preceeded the the passing of Bill S.3930 prior to the enactment of the Military Commissions Act of 2006. The editors propose that this bill and its enactment be reviewed by the Supreme Court of The United States and/or that Congress may have a special session to investigate the need or repeal or amendment of this new law.