@Debra Law,
Debra Law wrote:
Woiyo9 wrote:Since these prisoners are not American citizens,
they are not entitled to any rights granted under the US Constitution.
Debra Law wrote:
Quote:
Every human being on this earth is born with the inalienable rights to life and liberty.
U 'd find it a long n tedious n probably futile process to demonstrate
that those rights are inalienable (i.e.,cannot be sold nor given away)
on a world-wide basis.
It coud be possible that some courts in some places
woud indeed enforce such contracts.
Debra Law wrote:
Quote:
The existence or nonexistence of a piece of paper called a constitution does not alter that basic fact.
It is pathetic that Woiyo9 does not know that the constitution does not GRANT rights.
That is not pathetic; it does not evoke pathos.
Very few citizens are aware that the Constitution only recognizes
and protects rights -- does not grant them; few lawyers know that.
Debra Law wrote:
Quote:
The Constitution for the United States of America outlines the framework
for the federal government that our forefathers created.
Our constitution places limitations on our government and SECURES the rights of all people
against government encroachments or deprivations.
I join the USSC
in dissenting from your posted position, counsellor.
In
JOHNSON v. EISENTRAGER 339 US 763, (195O)
the US Supreme Court held that the US Bill of Rights did
not protect German enemy aliens, as:
"Such a construction would mean that during military occupation ... enemy elements,
guerrilla fighters, and 'werewolves' could require the American Judiciary to assure them
freedoms of speech, press, and assembly, as in the First Amendment, right to bear arms as in the Second, [presaging
HELLER]
security against 'unreasonable' searches and seizures as in the Fourth, as
well as rights to jury trial as in the Fifth and Sixth Amendments." [emphasis added by David]
In 1990, the USSC re-visited this matter, qua whether
the Constitution protected the rights of Mexicans and found that it does
NOT.
In the case of
US v. VERDUGO 494 U.S. 259 (1990) the United States Supreme Court declares that
the people protected by the US Constitution are those who can vote to elect Congress.
In
VERDUGO, the Court indicated that the same people are protected by the First, Second, Fourth,
Ninth and Tenth Amendments and who are members of a national community (meaning OURS).
Woiyo9 wrote:The US Constitution does not apply to Non US Citizens.
Debra Law wrote:
Quote:
Your ignorance is greater than your arrogance.
Article VI provides: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
Quote:Please identify the supreme law of the land that authorizes our government to encroach upon any person's right to life or liberty (which includes the individual right to bodily integrity) through torture. You will find many laws that prohibit torture, but you won't find any laws that authorize torture.
I 'll do it.
The authority derives from 2 sources:
It is the President 's authority to command the US Armed Forces,
to the extent that no American citizens are subjected to that.
This is supplemented by the power of the US Government to wage war
(which need not be declared).
I can also see a possibile argument from the treason provision;
i.e., not giving aid n comfort to the enemy,
such that information qua forthcoming attacks upon American troops
shoud not be permitted to be withheld,
again bearing in mind that aliens have no rights
under the US Constitution, unless thay are on American territory.
David
