Well, seeing you are a new member of Free Republic, I have to admit that possibility.
"aren't POW's because their is no war"
Well, the Founders Washington, Adams, and Jefferson all ran wars under Congressional declarations very similar to Public Law 107-40 "To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States....the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons "
Although it is commendable to be concerned with rights, you would be wise to look into how the Founders balanced the matter of rights and security in the Constitution.
No offense meant when I say they were much, much wiser than you.
I have yet to hear anyone suggest a better way than putting the War Powers in the legislature to be administered by the Executive- not by the Judiciary.
Notice the fourth Circuit has ruled only that the case be remanded so that the court can take consideration of the executive branches concerns- which the court , astonishingly, hadn't!
From the appeal court's ruling, it appears Hamdi will get monitored meetings with a lawyer, a habeaus proceeding, and due process review.
Pretty outstanding treatment of an enemy combatant by any reasonable person's measure!
That is right, the power to declare war is vested in the legislature. They have not declared a war. I wish they would, it would make these constitutional questions easier.