SCOTUS Grants Guantanamo Prisoners Habeas Corpus

[flaja]

Originally Posted by TheMercenary

Wherever in the world it operates with US Citizens and it applies to those legal citizens only. So a US citizen captured in the Sudan while in the service of USAID for smuggling hash is subjected to our Constitution?

Where in the Constitution does it expressly say that legal due process rights are given only to U.S. citizens and not to anyone else who is subject to U.S. law?

What proof do you have that only citizens are included in We the People and that the expression “no person” in the 5th Amendment means “no citizen”? None. You have no such proof because no such proof exists. You have been shown time and time again that legal due process rights are and have been extended to non-citizens that are subject to U.S. law. You are either too dense to see or too obstinate to admit that you are flat wrong. You are not here to discuss, but rather to argue. You are little more than a bully.

[TheMercenary]

Originally Posted by flaja

Where in the Constitution does it expressly say that legal due process rights are given only to U.S. citizens and not to anyone else who is subject to U.S. law?

What proof do you have that only citizens are included in We the People and that the expression “no person” in the 5th Amendment means “no citizen”? None. You have no such proof because no such proof exists. You have been shown time and time again that legal due process rights are and have been extended to non-citizens that are subject to U.S. law. You are either too dense to see or too obstinate to admit that you are flat wrong. You are not here to discuss, but rather to argue. You are little more than a bully.

BS. You have no proof either.

What proof do you have that only non-citizens are included in We the People and that the expression “no person” in the 5th Amendment means “no citizen”? None. You have no such proof because no such proof exists. You have been shown time and time again that legal due process rights are and have been extended to citizens only that are subject to U.S. law. You are either too dense to see or too obstinate to admit that you are flat wrong. You are not here to discuss, but rather to argue. You are little more than a bully.

[Urbane Guerrilla]

Originally Posted by flaja

You have been shown time and time again that legal due process rights are and have been extended to non-citizens that are subject to U.S. law.

The flaw in the argument here is that POW non-citizens (these being de facto if not altogether de jure POWs) aren't reckoned by anyone anywhere as being actually subject to their captor nations' laws.

[xoxoxoBruce]

That's true, and the reason POWs treatment was addressed by the Geneva Convention. The wrinkle is Bush saying these are not POWs but a new class, called "illegal combatants". Being non-POWs, that makes this new class civilian criminals and subject to the laws of the "host" nation.