If anyone has been following the case of Ali al-Marri, a legal U.S. resident, they'd know that he has been in military custody since December 2001, and that he has been held in solitary confinement since June 2003.

They'd also know that in the United States, this is just plain wrong.

Fortunately, the 4th U.S. Circuit Court of Appeals agrees. It has ruled that U.S. residents cannot be detained indefinitely without being charged.

For its part, the Bush administration argues that the Military Commissions Act prevents the courts from hearing cases of detainees who are declared enemy combatants, according to the Associated Press. In addition, the administration claims that Congress and the Supreme Court have given the president full authority to fight terrorism and prevent future attacks on our nation.

For many, this argument may be enough. But history has shown that this administration's anti-terrorism strategy has oftentimes encroached on our civil liberties. This is a dangerous pattern that, if left unchecked, could seriously diminish our constitutional rights.

Take, for example, the government's domestic spying program, tucked away neatly under the Patriot Act. A federal judge declared the practice "violated constitutional rights to free speech and privacy, and the constitutional separation of powers."

Of course, any threat to national security should be taken seriously. In 2001, federal investigators claim to have found evidence that al-Marri has links to al-Qaida after they initially charged him with credit-card fraud.

If there is ample evidence, he should then be charged and brought to court where he can be given the chance to defend himself — as is his right.

The case is expected to go to the Supreme Court, where the decision of the 4th Circuit should be upheld.

After all, what good is fighting terrorism in the name of democracy if we're not willing to fight for it here at home?