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Yes, Padilla was indeed caught on American soil, as were the 7 Hitler-leaning American citizens who were caught during World War Two after being sent back from Germany on U-Boats in order to conduct sabotage against us here.

Acts of sabotage reclassify civilians into enemy combatants, subject to the Geneva Convention, which means that we can execute instant battlefield judgement on them, up to and including summary execution on the spot, without any form of trial whatsoever.

Likewise, we can shoot *all* enemy combatants on sight without trial, even if some of them happen to be U.S. citizens (Taliban Johnny comes to mind from Afghanistan).

Once one decides to actively wage war against the U.S., one shouldn't be surprised to see our ordinary protections save the day for said deeds. We aren't going to stop a battle, even here in the U.S., in order to give somebody a trial by jury. In war, we shoot those who oppose us. War is a brutal thing, and certainly a last resort, but nonetheless, there are those who would choose to force their views onto us via a path of war and terrorism, leaving us little choice but to respond overwhelmingly.

We aren't going to stop a battle, even here in the U.S., in order to give somebody a trial by jury.

Padilla was captured in the middle of a raging battle on American soil?

War is a brutal thing, and certainly a last resort, but nonetheless, there are those who would choose to force their views onto us via a path of war and terrorism, leaving us little choice but to respond overwhelmingly.

In that case we should formally declare war. Such a formal declaration was actually submitted to Congress.

It was based on the declaration of War used for WWII.

The formal declaration recently submitted was derided as archaic, out of touch with modern times, etc. That is what lawmakers think of the Constitution and Rule of Law. The author was taken aside and asked if he understood the implications to insurance companies if war was formally declared.

Gulf War I was not authorized by Congress. Bush Senior claimed that he had the approval of the UN and the "international community" and did not need the consent of Congress to wage war. This, of course, led to the stationing of troops in Saudi Arabia and the murder of US citizens on 911.

Similarly, Gulf War II was not formally declared but rather Congress delegated their responsibility to the president.