El wrongo!! Constitution provides for the suspension of habeous corpus in the case of invasion or rebellion. History notes that this has been done more than once to invading espionage agents and to others during the War between the states. These actions were reviewed by the USSC and deemed constitutional.
This "war" with terrrorists or islamicists or leftists or whatever is going to get real messy if we allow them to use our own misguided courts to protect them from the righteous retribution of a pissed off government!
That Constitutional provision is, of course, available to President Bush at any time that he feels capable of accepting the personal responsibility of invoking it.