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Hank Chinaski
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Old 09-15-2006, 05:06 PM   #1437
Spanky
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Join Date: Feb 2005
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Quote:
Originally posted by taxwonk
In addition to defining the rights of citizens, the Constitution also helps to define the powers of the various branches of the federal government. I am not talking about whther or not a foreign citizen is protected by the Constitution, I am talking about whether or not the military has the power under the Constitution to sieze and detain anyone it chooses anywhere in the world. That is part of what the writ of habeus corpus is about - not merely whether or not someone is innocent or guilty, but whether or not the government has the power to hold them.
I think you are wrong here. I don't think the writ of habeas corpus laid out in the constitution applies to how the officers of the federal government can treat foreign citizens.




Quote:
Originally posted by taxwonk
Among other things, the Constitution says that only Congress has the power to declare war. It also provides that the executive has the power to enter into treaties, upon the advice and consent of the Senate, and that once these treaties ared entered into, neither the executive nor the several states can abridge rights granted under such treaties.
I said: --------------------------------------------------------------------------------
That may be true, but was does the constitution say about it. Does the constitution mention how foreign nationals are to be treated by the US government? Does the Constitution mention how prisoners of war are to be treated by officers of the US government?
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Do you really think the above quote answered my question?
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