Maybe the subject no longer seems worth discussing,
but, I like to follow this topic.

nothing would prevent the president -- even in the absence of a formal declaration of war -- from designating any American as an enemy combatant. Without proving the correctness of the charge before a court, the military could then detain that person forever. And having done so, it could prevent that detainee from hiring a lawyer to argue that the government, in fact, has it all wrong.
http://www.washingtonpost.com/wp-dyn...2002Jun10.html