Re: ...tried in new york?! wtf man
[QUOTE=runningman;806546]Miro the Constitution covers US citizens not foreign terrorists that have been held up in gitmo.. I am canadian, when I go to the states I am not covered by the constitution. So there goes that theory.[/QUOTE]
Actually, it's not quite so simple.
This has been an ongoing general debate for a long time now, and there are many interpretations of it under different circumstances. There is no simple answer for every case, which is why these guys were being held in Gitmo to begin with; no one could figure out what the hell to do with them, legally speaking.
Certainly, there are many cases of obvious and perfectly acceptable differences in the treatment of citizens and non-citizens under the Constitution (for instance, only citizens vote); but there are other cases where it's not necessarily so black and white (due process for non-citizen who broke a law). In many countries around the world, if you break the law there, then the legal process of investigation and potential conviction can apply to you [I]even if you aren't a citizen of that country[/I].
And then you can get into more technical arguments about the wording and intention of the documents. Toasty, step in here and correct me pls... but it is my understanding that as far as Due Process goes, if you look at the 5th and the 14th Amendments of the US Constitution, they really specify what the government will and will not do; not what rights certain categories of people have. And if you look at the 14th Amendment (the state version), you'll find that the authors used an interesting distinction in Section 1 between "citizens of the United States" and "any person"....why?
[quote]Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities [B][I]of citizens[/I][/B] of the United States; nor shall any State deprive [U][B][I]any person[/I][/B][/U] of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[/quote]
But beyond that, my opinionated point with my statement was this: in the long run, it becomes very difficult to sustain multiple separate standards for key basic treatments of human beings. This is because if we wish to recognize certain very basic rights in each other as citizens, we are compelled to recognize that they are ultimately founded int he realm of [I]human rights[/I]. If you extend all fairness and rights to citizens but you torture and malign all other categories of human beings with impunity...I don't think the system will work for long. Bear in mind that we do not have a separate set of due process laws and standards for "non-citizens"; we really have one set. I think that if we started down the path of interpretation that you suggest, we will find that it is a surprisingly slippery slope that sets the stage for incursions into everyone's rights, citizen and non-citizen alike.