The case of al-Qaida suspect Jose Padilla raises questions about whether a U.S. citizen detained on American soil can be held without trial in the name of the war on terrorism. For 3-1/2 years, Padilla was jailed as an “enemy combatant” under military custody, which denied him the right to legal counsel and a trial. Although he is in the civilian court system now, the Supreme Court has expressed no interest in addressing the constitutionality of a president’s wartime power to declare someone like Padilla an “enemy combatant.” (more…)