[AndyJackson]

the court, nor the congress, has any say in how the military treat it's prisoners of war

You are very very wrong. Congress makes laws regulating the military (it is in the Constitution). Also, the Geneva convention, ratified by the Senate, stipulates how Prisoners of War are to be treated.

[oceanview]

that's true regarding the congress, but where does any of that say the courts have jurisdiction? the courts have simply inserted themselves into this situation arbitrarily on the side of the detainees - the 6-3 giving these prisoners habeas rights was the start of it. we've got one branch of government that, so long as it can get 5 people to agree, can basically make it up as they go along.

[conservative physics]

Really... that's funny because the way I read the constitution the President is the commander and chief of the armed forces, not the congress, or the judicial branch. Can you point to the exact phrase you are referring to in the Constitution that states that congress, and not the President is in charge of the military?

Neither the congress, nor the courts has the authority to order a commander in the field to do anything counter to a Presidents orders during a time of war. In other words, if the President says attack "A" the congress can't pass a law saying, ignore the Presidents order and attack "B" instead. Only a constitutional amendment would grant them that authority. The only power congress has over the military is the power of the purse (to cut off funding).

And as far as I am aware, never in the history of America (till now) has a civilian court been granted jurisdiction to overrule the findings of a military tribunal. In fact, as far as I know, a commander in the field during a time of war has the right to execute a soldier on the spot that refused a direct order... no trial, no appeals, just *bang* dead.

The military has it's own courts and prisons for a reason.

The constitution is the final say in all matters, for instance, congress can't pass a law revoking our right to free speech, and a treaty can't take it away either. Only a constitutional amendment can do that.