I also admit ignorance of the Geneva conventions exact text.
I've read portions directly quoted in other sources or parphrased, but lawyer-ease and political-ease are comparable to paint drying in fun content for me.
/QUOTE/
This is an old argument the constituion (specifically the 4'th amendment) says 'persons', not 'citizens'. This has created quite a bit of argument between the lawyers, and I don't feel qualified to give a definite answer, but my gut feeling is it applies.
/END QUOTE/
I don't have a high opinion of most lawyers or judges, but I also am applying a feeling.
Good article I can see the constitution being applied to legal non-citizens, but illegal immigrants, which are criminals(see below criminals losing rights.) and prisoners of war shouldn't have the full benefit of our constitution.
I believe since the constitution puts most of the power dealing with the execution of war in the hands of the executive office that Prisoners of war fall under his control effectively taking it out of the courts control. Prisoners of war have a special status thats outside our constitution like the laws of other nations are outside our constitution.
/QUOTE/
So if the goverment could somehow remove citizenship from you they could legaly do whatever they want with you?
/END QUOTE/
I never said they could legally do whatever they wanted, just that the full rights and power of our constitution should not apply.
Prisoners taken in military actions should not have the full benefit of our constitution...
Thinking about it, isn't this what happens to criminals who originally had the full benefit of our constitution?
We already have a system in place for removing our constitutional rights.
It can "do anything" up to and including the death penalty.
Thanks for this question I hadn't quite looked at our criminal justice system as being a mechanism for removing constitutional rights from selected individuals. It's given me an idea for a science fiction story.
/QUOTE/
There have been 759 prisoners in Guantanamo and only 10 of them have been charged with a crime. The release of 100 or so is planned because they are innocent. That is too big of a miss rate to cassualy trample the rights of the people there.
/ENDQUOTE/
I'm not saying these prisoners of war don't have rights, but that they don't have the constitutional rights every citizen of the USA has. They like the nations they serve are not under our constitution..
I'm going to post a message dealing with a story idea that should follow as soon as I can type it.
howard melton
God bless
I've read portions directly quoted in other sources or parphrased, but lawyer-ease and political-ease are comparable to paint drying in fun content for me.
/QUOTE/
This is an old argument the constituion (specifically the 4'th amendment) says 'persons', not 'citizens'. This has created quite a bit of argument between the lawyers, and I don't feel qualified to give a definite answer, but my gut feeling is it applies.
/END QUOTE/
I don't have a high opinion of most lawyers or judges, but I also am applying a feeling.
Good article I can see the constitution being applied to legal non-citizens, but illegal immigrants, which are criminals(see below criminals losing rights.) and prisoners of war shouldn't have the full benefit of our constitution.
I believe since the constitution puts most of the power dealing with the execution of war in the hands of the executive office that Prisoners of war fall under his control effectively taking it out of the courts control. Prisoners of war have a special status thats outside our constitution like the laws of other nations are outside our constitution.
/QUOTE/
So if the goverment could somehow remove citizenship from you they could legaly do whatever they want with you?
/END QUOTE/
I never said they could legally do whatever they wanted, just that the full rights and power of our constitution should not apply.
Prisoners taken in military actions should not have the full benefit of our constitution...
Thinking about it, isn't this what happens to criminals who originally had the full benefit of our constitution?
We already have a system in place for removing our constitutional rights.
It can "do anything" up to and including the death penalty.
Thanks for this question I hadn't quite looked at our criminal justice system as being a mechanism for removing constitutional rights from selected individuals. It's given me an idea for a science fiction story.
/QUOTE/
There have been 759 prisoners in Guantanamo and only 10 of them have been charged with a crime. The release of 100 or so is planned because they are innocent. That is too big of a miss rate to cassualy trample the rights of the people there.
/ENDQUOTE/
I'm not saying these prisoners of war don't have rights, but that they don't have the constitutional rights every citizen of the USA has. They like the nations they serve are not under our constitution..
I'm going to post a message dealing with a story idea that should follow as soon as I can type it.
howard melton
God bless