Current law allows the president to direct the military to detain United States citizens indefinitely without trial if certain conditions are met. Why does this raise constitutional concerns? Let’s consult the following relevant portions of the Constitution:
Article 1, Section 9: Habeas corpus
The privilege of habeas corpus shall not be suspended, unless when cases of rebellion or public safety may require it.
Amendment V: Due Process Clause
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury … nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law….
Amendment VI: Speedy and public trial by jury. MUST VETO