Quote:
Originally posted by taxwonk
I don't see the relevance of whether or not the framers thought of this particular issue. They clearly thought that it was important that the judiciary have the power to review the lawfulness of a detention by the executive branch. That is the issue in a writ of habeus corpus; the basis on which the petitioner claims the detention is unlawful shouldn't matter.
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So you really think that all prisoners of war taken by the United States should have the same rights as US citizens under the constitution?