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It appllies to anyone under US government control regardless of their location.
Of course it doesn't apply to Germans on German soil.
If you have a problem with the authors points the floor is yours.
Didn't the plane over Detriot come from London? Thus, it never entered America. Until those passengers deboard and pass through customs, they were never "in" the United States. The criminal act took place outside of the US, by a non-US citizen, thus he is not subject to any of the rights we enjoy.
Those in Gitmo captured in the middle east... same thing.
Next thing we know, people like padcrasher are going to be forcing our soldiers to testify against enemies in a court of law that they were being shot at. That is how we will win wars, we will sue all the enemies!
Combatants are not under the control of the US Government.
They do not have Constitutional rights. Nobody is arguing that.
Thats odd because I thought the Constitution applied to EVERYONE..
Quote:
Originally Posted by padcrasher
When they come under the control of the US Government they do gain Constitutional rights. ( Former enemy combatants)
You are ignoring what I stated.. Why doesnt someone in the military have Constitutional rights, but those they capture do?
Quote:
Originally Posted by padcrasher
That doesn't mean access to civilian court. A 6th grader would know the difference between having Constitutional rights and having access to civilian courts.
Do you know the difference between a civilian court, and a criminal one? The Constitution does not afford ANYONE rights to a civilian court, they however do grant rights in a criminal one.. (yet again you get one wrong)..
Quote:
Originally Posted by padcrasher
You apparently do not know the difference, but on the other hand you think Episcopalians are not Christians....LOL
In the late 1700's there were HUGE differences..
Episcopalians read from the book of Common Prayer which included prayers for the king, the royal family, and the British Parliament while catholics read from the Bible and held religious beliefs towards Pius VI, the pope. The fact that you want to ignore the changes which have taken place over the last 225 years in the religion shows how you dont mind proving your ignorance.. (common sense should tell you there were differences, or they wouldnt have had two different names.. dah)
Simply an utter take down of the right wing myth that only "citizens" have Constitutional rights.
After you read this, you almost feel sorry for these right wing dupes who can't hold a candle to this writer when it comes to expert analysis of Constitutional matters.
You should move to Yemen. Or Iran. Or Afghanistan.
You wrap yourself in the cloak of the Constitution and proclaim that terrorists are your newfound compatriots while forgetting that these bastards are trying to kill you. Does it get any more ignorant than that?
Why don't you go cry from the mountaintops that you want all terrorists tried in your backyard.
Somehow, I doubt we'll see you in the volunteer line. And even moreso, I don't see you signing up to go kill those bastards in their own back yard (ie. joining the miltary). You'd rather gloat that they're your new buddies in constitutional protectorship.
You are ignoring what I stated.. Why doesnt someone in the military have Constitutional rights, but those they capture do?
I'm not taking sides here, but as a veteran I'll gladly answer (part of) this question for you.
Those in the military actually retain many Constitutional rights, a number of them just happen to be very limited in scope. It's just part of the treacherous line of work; sometimes we have to do things that'd get us incarcerated in the private sector, but are entirely necessary in the military sector. Certain rights are limited, others are not, and then there's the Uniform Code of Military Justice (UCMJ) to abide by. It's an extremely complicated mess and I have neither the legal expertise, the time, let alone the desire to go into great length here or anywhere. If you want to learn more, there's Military Law Task Force and DoD Issuances - DoD Directives and many more links to provide for several lifetimes' worth of reading.
As for enemy combatants getting certain right and privileges, that's a whole other can of worms. Sometimes I hate it, but in other cases I can see why they're treated the way they are.
I'm not taking sides here, but as a veteran I'll gladly answer (part of) this question for you.
Those in the military actually retain many Constitutional rights, a number of them just happen to be very limited in scope. Certain rights are limited, others are not, and there's the Uniform Code of Military Justice (UCMJ) to abide by. It's an extremely complicated mess and I have neither the legal expertise, the time, let alone the desire to go into great length here or anywhere. If you want to learn more, there's Military Law Task Force and DoD Issuances - DoD Directives and many more links to provide for several lifetimes' worth of reading.
As for the part I can't and won't try to answer, that's a whole other can of worms.
Yes, I indeed do understand this but its very clear that the OP does not. Minitary personnel do indeed retain many of their rights, but not all. (such as a right to a lawyer).. If the OP wants to make the argument that the Constitution applies to "everyone", then they need to tell me why it doesnt even apply to those who serve in our military, but they think it somehow does apply to those captured in the battleground..
I havent hear their rationality in ignoring this very important fact, but indeed I'm not expecting to hear one either..
We the people ...that goes on to describe why the people formed a nation. But I really think the OP doesn't know what the Bill Of Rights is. End of who is a dupe IMO.
We the people ...that goes on to describe why the people formed a nation.
We the people... Exactly. We can give OUR rights and We the People can rescind those rights, especially to foreigners trying to destroy us, our nation and by extension our Constitution.
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