[BabylonXXX]

The American people have suffered enough. The is no just reason to require the American people to make a case against an openly avowed foreign enemy who seeks death for Americans.

Who decides if the civilian is a foreign enemy or not?

If a legal alien is arrested and charged with a cime, who decides whether or not he is to be tried before a military tribunal? And, to whom does he appeal this decision?

[GVnana]

Who decides if the civilian is a foreign enemy or not?

It's not really a question of "civilians". It's a question of "foreign enemy." The tribunal decides if the individual is quilty of participation in/ or conspiracy to commit acts of war.

[Iwo Jima]

"Who decides if the civilian is a foreign enemy or not?"

That is, of course, the essential question. President Bush has unilterally annointed himself to be the sole person who decides and that his decision is not subject to review by anyone, including the United States Supreme Court. The Supreme Court will doubtless disagree.

An even thornier question is: who decides who dceides? This was the issue in Marbury vs. Madison. The Supreme Court was quite clear in stating that it decides Constitutional questions as to who decides. And that's the way it should be.