First they need to define what a "terrorist" is.
After Pres. Bush signed the Patriotic Bill 2001, one should wonder who is targeted as the "terrorists"? Is one who believes in liberty, and individual freedom permanently blackballed as a terrorists?
As the laws are silent in times of war, this also applies to our constitution of the united states of America. But we have been under these "silent times" for so long since our courts fly military Commander in Chief banners with the yellow fringe. Meaning the courts are under military rule; and not constitutional.
And those being tried in them will be foreign terrorists, not Americans. No constitutional rights are involved because they will be non-citizens.