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A time of terror may not be the ideal moment to trifle with the most time-tested postulates of government under law. It is certainly not a good time to dispense lightly with bedrock principles of our constitutional system. Central among those principles is that great power must be held in check and that the body that defines what conduct to outlaw, the body that prosecutes violators, and the body that adjudicates guilt and dispenses punishment should be three distinct entities. To fuse those three functions under one man's ultimate rule, and to administer the resulting simulacrum

Waging War, Deciding Guilt: Trying the Military Tribunals