That is why the Court denied the case filed by the California Lawyers in behalf of the guys in Cuba.
The Court ruled that it has no jurisdiction because it is coverd by the rules of war passed by congress as explained by the Supreme Court.
It is constitutional. Just don't spy for the enemy and you will not get caught up in it.
First, you will have to post the California decision. Secondly, what rules of war are we talking about? Spying has nothing to do with this. Finally, since when did any Court say that an American can be held without due process on US Soil by the US Military that has not been charged with handling Americans in the first place?
The detention is totally Unconstitutional.