Friday, November 27, 2009

Opinion

Public Opinion: Tell Us What You Think About the Supreme Court's Decision Allowing Guantánamo Bay Detainees to Appeal in U.S. Civilian Courts

Posted June 13, 2008

The U.S. Supreme Court ruled Thursday that Guantánamo Bay detainees have the right to appeal their detention to U.S. civilian courts. The decision, widely seen as a rebuke to the Bush administration, drew withering criticism from conservatives and praise from liberals. Was the court correct? Or is the decision a blow to national security? Post your thoughts below.

Previously: Who's the bigger Washington outsider, Barack Obama or John McCain?

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Guantanamo Detainees

Guantanamo detainees are prisoners of war. Now here's a little American history for you, Gary:

The U.S. Constitution, specifically Article VI, paragraph 2, states that "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."

If there is any doubt as to the interpretation of this article, the Army’s Field Manual 27-10, The Law of Land Warfare, spells it out clearly:

In consequence, treaties relating to the law of war have a force equal to that of laws enacted by the Congress. Their provisions must be observed by both military and civilian personnel with the same strict regard for both the letter and spirit of the law which is required with respect to the Constitution and statutes enacted in pursuance thereof.

The treaties relating to the law of war which the United States has signed are the U.N. Charter and the Geneva Conventions.

Any questions, Gary?

Guantanamo Detainees

When any human can deny another human of anything, then if unchecked, then any human is in danger from that person. In this case, to deny the detainees, regardless of who, what, when, or any other excuse (excuse me, justification), means that any American can be branded as terrorist, then we lose habeas corpus rights.

For the third time, the Supreme Court is saying that everyone under the American Flag has habeas corpus rights. It would be nice if Americans woke up.

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