SCOTUS Grants Guantanamo Prisoners Habeas Corpus

[TheMercenary]

Originally Posted by flaja

What were the Americans that fought the British during the Revolutionary War? What status did they have under international law at the time?

Not every American soldier had a uniform- and I doubt that any of the crewmen that manned privateers to fight the British Navy and merchant marine had uniforms. The Americans who fought at Lexington and Concord did not have the sanction of any national government- and were they all legal members of a legally-organized militia force or were they just unlawful combatants?

I'm sorry but I don't buy your examples from 200 years ago. Much has changed as a direct result of each successive conflict, esp in the 20th Century. What happened at Lexington and Concord is interesting but not as relevant. L&C was in April of 1775 and the Constitution was written in its final form in Sept of 1787, 12 years later. The Constitution is a living breathing document. We have been through this with another poster on here and if you are going to assume a dogmatic position and not take into account any of the changes over the past 200 years then we can't continue to debate the merits of any decision made or event that has occured since.