"HeyBub" wrote:


The Left and the Right talk past each other: The Left sees all the issues as
crimes and constitution. The Right sees the issues as war problems. The 4th,
5th, and 6th Amendments deal with "crimes" as in "In all criminal
proceedings..." The Left asserts that detainees and everybody else are
entitled to constitutional protections.

The 5th amendment starts "No person shall..." so you'd think it applies to more
than just criminals. One of the independent clauses continues " nor be deprived
of life, liberty, or property, without due process of law..." No crime
required.

For example, we incarcerate people all the time who are
not "criminals:" Civil contempt, juveniles, illegal aliens, contagious
disease carriers, and more.

All subject to habius and judicial review, no?


* The people at Gitmo are "unlawful enemy combatants" in the same category
as spies, guerrillas, saboteurs, fifth-columnists, etc. Under the customary
rules of war, they can be summarily executed.

Who says they are "unlawful enemy combatants"? Regardless, they are entitled
to judicial process under the Geneva Convention, which covers all persons in an
occupied country or combat zone, just solely combatants. You're right, it does
not have to be the same process as US citizens. Except for a few, we have
failed to provide them any judicial process.

No, they no longer can be summarily executed. They need at least a drumhead
court martial.

-- Doug