Go here to read the NYT editorial that begins:
The Justice Department all but told a federal judge this week to take his legitimate concerns about civil liberties and stuff them in the garbage pail. The Bush administration seems to believe, on no good legal authority, that if it calls citizens combatants in the war on terrorism, it can imprison them indefinitely and deprive them of lawyers. It took this misguided position to a ludicrous extreme on Tuesday, insisting that the federal courts could not review its determinations. This defiance of the courts repudiates two centuries of constitutional law and undermines the very freedoms that President Bush says he is defending in the struggle against terrorism. The courts must firmly reject the White House’s assertion of unchecked powers.
It appears that whole “checks and balances” thing we learned about back in junior high may not apply after all, at least if the Bush Justice Department has its way.