There is no express grant of habeas in the Constitution. There's a prohibition against taking it away.
Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.
Dig deeply for the energy and the creativity that we need to continue this successful record of prevention — which is the goal of all goals when it comes to terrorism because we simply cannot and will not wait for the next terrorist act to occur before taking action. Continue to arm yourselves with the American ideals of hope and freedom — because they are so much stronger than terrorist ideals of fear and intolerance. Remind yourselves and your colleagues back in your offices — that for the sake of our children, we will prevail because we must.