Question by Jarhead: Where does the Constitution give rights to foreign citizens?
I cannot find anywhere in the Constitution or the Bill of Rights that a foreign citizen is mentioned as having rights under these documents, specifically prisoners of war. Article I, Section 8 does give Congress the power to “make rules concerning captures on land and water,” but that’s about as close as it gets.
Best answer:
Answer by OlderSissy
Better to ask where in the Constitution does it take away rights from anyone.
Give your answer to this question below!
joker_32605
March 24, 2011 at 11:09 pm
It is illegal under our constitution to torture people. Hauling them off to a foreign land does not allow the govt to abdicate their responsibilities and obligations.
In addition we signed the Geneva Convention and that also forbids such actions. Our country has always set standards for the world to follow. Bush and Cheney have lowered our standards so much the whole world hates us now and millions are willing to die to kill some of us. They have also taken native born American citizens to Gitmo for their torture.
I say waterboard Bush, Cheney and anyone who agrees with their torture. You do know that eventually the person being tortured will say ANYTHING his captors want him to say whether true or not, don’t you?
eastchic2001
March 24, 2011 at 11:26 pm
“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
That is an excerpt from the 14th amendment. It uses the word person (rather than citizen) and so the courts have interpreted it to mean anyone – citizen or foreigner.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”
That is what comes right before the first quoted excerpt. It uses the word “citizen” to talk about privileges and immunities. The courts find it important that instead of using citizen throughout, they used the word “person” (when talking about life, liberty and due process), stating that if they intended for it to apply to only citizens, they would use that word. This is especially applicable to foreign detainees (i.e. at Guantanamo) who are ensured the same due process rights under the 14th amendment because they are “persons”.
fanadfilms
March 25, 2011 at 12:21 am
My opinion is that there was no declaration of war. Those captured were kidnapped. They may have been enemies of the USA, but they were not IN the USA. They were within the borders of a sovereign nation, and the idea that the US can go in and kidnap them is an overt act of war.
They should be given a hearing and if it is determined that they were illegally detained, set free.
The Constitution is not optional!!!!!!!!!!
Albert F
March 25, 2011 at 1:02 am
I also fail to see how US Civilian Law even applies to non – US Citizens detained by the Military in a foreign country that does not even recognize the Geneva Conventions. Military prisoners should be tried by Military Courts.
But then again we could have released them to the Iraqi Government in (Kurdistan) I am sure they would have been dealt swift justice; and we wouldn’t still be dealing with it now.