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In the real world, the government is not limited by the Constitution. In the real world, which is where people operate, including those who want to do the world great harm, the government is limited only by <i>what is politically viable.</i>
On one hand, this is scary, because it means that rights are not really guaranteed, that tyranny is just around the corner, etc.
On the other hand, as imperfect humans, we cannot possibly build a system that is perfect; we have to accept that we can only do the best we can.
In this particular case, it would appear that the imperfect political system has led to a better result. A dickweed who was specifically trained by al Queda and sent back to the US is, <i>in a perfect system</i>, someone you want to detain, deeply interrogate, and then send to prison for the rest of his life. Anyone trained by al Queda who is now in the US should be considered a clear and present danger until proven otherwise.
Because if you're concerned about what is politically viable now, just wait until you see what is politically viable after the next successful attack. If the next attack could not be thwarted because known terrorists were released or otherwise treated with kid gloves -- well, you won't recognize this country five years after that attack.
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