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Originally posted by taxwonk
Let's try to simplify this by taking the discussion into another hypothetical.
Can we agree that US soldiers cannot rape civilian women in Iraq? I am talking about the law that prohibits the soldier from raping. Whether or not the woman has a legal right of relief under US law has nothing to do with this side of the equation.
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No they can't but that is because they are restricted from doing so by the Congress, not by the US Constitution. And their redress is through the military courts, and such redress was created by Congress, not a right created through the Consitution. Congress is the protector of the rapees here, not the US Constitution or court system.
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Originally posted by taxwonk Okay, by the same token, the writ of habeus corpus is not based upon any rights per se a foreign person has or doesn't have under the Bill of Rights. the writ is brought solely to determine whether or not the military acted within its rights and powers in taking the foreign person into custody.
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I don't believe the writ of Habeas Corpus applies at all to its conduct when dealing with foreign citizens over seas. Any restriction placed on the army's conduct, or priviledges it must give foreign citizens, is placed on it by congress. Not by the Constitution.
