No person shall 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 the land or naval forces, or in the militia, when in actual service in time of war or public danger;
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
I'm curious about this part. Nor deny to any person within its jurisdiction I'm assuming this applies only to civil and criminal matters, but applies to citizens and non-citizens alike? Perhaps a law talking guy could comment on this?
Though not representing any state or nation, the 14 who were just transferred definately perpetrated an act of war.
My instinct wants these guys tried in the open, I'm a big fan of judicial translucency. Especially in the age of widespread governmental incompetence, I'd like to see someone tried an convicted for this particular attack. As I understand it, they must be kept offshore, or they would be entitled to habeas corpus?
Therefore, I think Bush has his constitutional bases covered on the Guantanamo issue.
Keep in mind that if they are prisoners of war, they should be handled according to the rules set forth in the Geneva Convention. If they are not prisoners of war, then what are they?
Real bummer about that pesky fourth amendment, or Bush could have avoided tramping our constitution entirely, for a whole five years.