Watching the NEWSHOUR this evening one of the guest's said the habeas corpus code was enacted in the first congress. This struck me as profoundly ironic, given President Bush's yelping about Dem's "re-writing" history.
While Republicans are literally doing it. I've read the diaries about the habeas corpus clause in the Constitution and I tend to agree that it would be constitutional to end it for detainees. That doesn't mean it's right. I am a layperson, so take this with as many grains as you please.
From the First Congress, First Session, Ch 20, 1789:
Sec. 14. And be it further enacted, That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specifically provided for.
This is, without a shadow of a doubt, what the founders intended. After all, it's in their own words. Recommend, don't recommend, it's up to you.