Has a national emergency been declared? Has habeas corpus been suspended?
Maybe the re-election of 0bama IS such an emergency but could the pResident declare martial law because of his own election?
In general Congress is considered the only body that can suspend habeas corpus under the Constitution, unless it delegates this power to the President.
There have been exceptions, but to my knowledge these were limited to the early days of the Civil War, when there quite obviously was an existential emergency threatening the government created by the Constitution.