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Need help with U.S. constitution-thank you?
Is there any references in the Constituion that relates to the rights of detainees being held by the U.S. regarding its war on terrorism???
- 1 decade agoFavorite Answer
No. However, the unviersal human rights which protect all men, including detainees, are reflected within out Declaration of Independence. "All men are endowed by their creator with certain inalieable rights.. amoung these are life liberty and the pursuit of happiness..."
The founders did not seek to articulate all of the rights of human beings in the consittuion. To the contrary they drafted a document which was designed to create a government of limited powers- everything not specifically granted to the government was reserved by the people. In other words, unless the constitution gave the government an express power, it could not act.
To further solidify this resolve, the founders drafted the bill of rights to assure that certain fundamental rights were expressly reserved to the people. Nonethless it was understood, and expressly stated, that the bill of rights lists of protections was not to be treated as an exhaustive compilation. Other rights did exist and should be honored. (See the 9th and 10th amendments.)
This is a long winded way of saying- no one's rights come from the constitution.. they come from our creator. The constitution simply created a government. It cannot take away the rights of all men to live freely and justly in the way they see fit.
The men in Guantanamo have been held without trial and without due process. Attorneys are applying precedents created by American consitutional law to determine whether their "fundemantal" human rights are being violated. Although the terminology is similar, do not make the mistake of thinking that foreign fighters are actually "protected" by the constiution. They are not. But they do not need to be.. as set forth above.
- Anonymous1 decade ago
NO the U.S. Constitution applies to U.S. Citizens(either by birth or Naturalization) and the term enemy combatants was dreamed up to get around the Geneva Convention. Now the U.S. Supreme Court may have GIVEN them rights, but they do a lot of things that make you wonder what it has to do with the Constitution.
- Lawyer XLv 71 decade ago
The Due Process Clause. The right of habeas corpus.