For thouands of years kings and dictators had the power of life and death over citizens. That was reduced with the Magna Carta and our founders were in agreement on only one real point. The executive of our states and nation, were not to have any direct power over citizens. Only judges and juries could have such power in our nation.
To believe that Govenrors and Presidents can take custody of individuals is just nuts. The one exception was non aligned combatants in military conflict. It used to be that those who engaged in combat with out being attached to a nations miliary had no rights. That was the basis of our holding the terrorists in cuba. But now that is being overturned by the courts.
No president has ever had the right to take charge of any citizen with out first gaining permission of the courts.
Some may not like the way our goverment works, but that is how it works. Nothing could be more dangerous than giving a President life and death control over citizens. Some president would figure out that all he had to do was kill those that disaggreed with him. That is what kings and dictators did for centuries.
Love it or hate it our personal freedom is in the hands of judges. It is judges that need to have their power curbed. Taking life and death power away from Presidents, kings and governors was the most important act to giving citizens any freedom.