Quote:
Originally posted by DeltAlum
How about the follow the guidelines set out in the Constitution? If we don't do that, why have one?
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Exactly... if you are elected to office or join the military I believe you swear an oath to uphold the constitution... not use it only when it suits you.
So:
Here are some pertinant sections -
Article VI-2
This Constitution, and the laws of the United States which shall be made in pursance 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, any thing in the Constitution or laws of any State to the contrary not withstanding.
- All States and judges are therefore bound by the Geneva Convention (this is one section used by the UK in freeing citizens from Gitmo).
Amendment V
No person snall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- Okay another biggy... make note of the fact it says person and not citizen. The whole compelling a person to bring evidince against themself is the foundation against torture (IMO). However the exception regarding war or public danger is the touchy part... this is were the hand off to Military Law happens.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State or district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
- Lookey here... a promise of fair trial....
Now Amendment XI [January 8th, 1798] is a little confusing on the subject for me... so perhaps someone else can shed light on it.
Finally lets try to leave soap-box politics out of this... no Liberal/Right-Wing/Republican/Democrat name calling.... we see enough of that on the daily news.