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This relates to this tread.

The suspension of Habeas Corpus is unfortunately permitted by the sloppiest thinking in the Constitution. Article 1 states in part, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Notice that Habeas is not even referred to as a right in that clause but rather as simply a 'privilege.' Suspended for purposes of 'public safety?' And while it's commendable that Libertarians like Hornberger find this to be outrageously obnoxious, the suspension of Habeas in times of undefined threats to public safety is permitted. To my mind that is the greatest flaw in the Constitution. The clause has been abused many times in American history beginning with the Sedition Act under Quincy Adams, continuing through the Lincoln suspension, to Wilson's round up of the Anarchists during the Red Scare, to prosecutions initiated by HUAC, and now to Padilla and the Patriot Act. It's a sad but true fact that Habeas can not be relied upon as a right in America. And in that sad fact we find the seeds of fascism right here at home.

It can be argued that the 4th Amendment nullifies the Suspension of Habeas Clause and I've long argued elsewhere that that was Jefferson's and Madison's intention. But unfortunately the requisite language of 'repeal' was not part of that Amendment. So the fatal flaw remains in the Constitution and America continues to suffer the consequences of that insoluble contradiction.