gleneagle: I think that it require the approval of congress thus the reluctance to go down that road!
Congress DID approve the Invasion of Iraq. And if you recall, the reason we weren't STILL in a shooting war with Iraq was that we had drawn up a conditional cease-fire agreement; one in which virtually none of the conditions were met and/or kept. Declaration of war simply isn't necessary. But approval of Congress is.
It was once the case under the Bush administration that the U.S. would abduct people from around the world, accuse them of being Terrorists, ship them to Guantanamo, and then keep them there for as long as we wanted without offering them any real due process to contest the accusations against them. That due-process-denying framework was legalized by the Military Commissions Act of 2006. Many Democrats -- including Barack Obama -- claimed they were vehemently opposed to this denial of due process for detainees, and on June 12, 2008, the U.S. Supreme Court, in the case of Boumediene v. Bush, ruled that the denial of habeas corpus rights to Guantanamo detainees was unconstitutional and that all Guantanamo detainees have the right to a full hearing in which they can contest the accusations against them.
Use of Habeas Corpus by Individuals Subject to ‘Preventive’ Anti-Terrorism Laws The United Kingdom (UK) has faced the issue of how to lawfully detain an individual that they suspect is a terrorist but cannot prosecute for varying reasons through a system of “control orders.” These orders, issued under the Prevention of Terrorism Act 2005, do not serve to detain individuals per se, but rather impose obligations upon them that are designed to disrupt and prevent terrorist activity. Such obligations include restrictions on association with specified individuals, restrictions on movement, and curfews.
I find the difference rather interesting. Seems the UK is more lenient then the US. However, the UK at least treats them fairly. Not everyone captured IS a terrorist.
patmac: I do not agree with the USA's Rendition of suspects and the way many folk were dragged in to the problem, by certain folk denouncing them
If the person was captured or detained on a battlefield he/she may actually be a member of the opposition and the rendition back the US territory and the way it was done is actually kidnap.
The detention of spies and proven war criminals yes but to do it the way the USA and lesser by the UK is wrong.
It did the USA no good in the eyes of the world the way they went about it and the cost to the taxpayer must be horrendous just in compensation claims alone.
gleneagle: Of course when John Walker joined the Taliban the United States was not at war with them. Just to clear a point in my mind;Did the US actually declare war?
Conrad73: Shouldn't the Question be,whether an Unlawful Combatant,captured on a Foreign Battlefield have the Protection of the United States Constitution?
they have more rights than us since patriot act was passed.
mastic55: The day Kennedy took office, America changed in the wrong direction. Guy's like Ike knew how to run a country. But the country was too young to know better......No way would the old America vote for a prisdent who said "I didn't inhale".
I know I'am crazy, but I know in my mind I'am right.
That was Barry Goldwater speaking about Ike. In your heart you know he (was) right.
Conrad73:: Shouldn't the Question be whether an Unlawful Combatant,captured on a boreign battlefield have the Protection of the United States Constitution?
Good question, but let met ask you one in return: Does most of the world recognize Habeas Corpus in their own judicial systems or is it mostly a British/American tenant of law, and what does the UN say about the rights of combatants, branded terrorist or otherwise, captured on foreign soil?
Colleene1024: http://www.salon.com/news/opinion/glenn_greenwald/2009/04/11/bagramObama and habeas corpus -- then and nowIt was once the case under the Bush administration that the U.S. would abduct people from around the world, accuse them of being Terrorists, ship them to Guantanamo, and then keep them there for as long as we wanted without offering them any real due process to contest the accusations against them. That due-process-denying framework was legalized by the Military Commissions Act of 2006. Many Democrats -- including Barack Obama -- claimed they were vehemently opposed to this denial of due process for detainees, and on June 12, 2008, the U.S. Supreme Court, in the case of Boumediene v. Bush, ruled that the denial of habeas corpus rights to Guantanamo detainees was unconstitutional and that all Guantanamo detainees have the right to a full hearing in which they can contest the accusations against them.
Habeas Corpus Rights: United Kingdom Use of Habeas Corpus by Individuals Subject to ‘Preventive’ Anti-Terrorism Laws The United Kingdom (UK) has faced the issue of how to lawfully detain an individual that they suspect is a terrorist but cannot prosecute for varying reasons through a system of “control orders.” These orders, issued under the Prevention of Terrorism Act 2005, do not serve to detain individuals per se, but rather impose obligations upon them that are designed to disrupt and prevent terrorist activity. Such obligations include restrictions on association with specified individuals, restrictions on movement, and curfews. I find the difference rather interesting. Seems the UK is more lenient then the US. However, the UK at least treats them fairly. Not everyone captured IS a terrorist.
in the uk this is being challenged under the Human rights act the detaining of supected terrorist some also are free to roam the streets but are watched by our security forces again this is being waterd down
The U.S. government’s incarceration of 17,000 Iraqis without charges confirms why the Framers included the guarantee of habeas corpus within the Constitution.
While the Framers used the Constitution to call the federal government into existence, they recognized an important fact — that the greatest threat to the rights and freedoms of the American people was the very federal government the Constitution was calling into existence.
In their urge to look upon the federal government as their savior, protector, and benefactor, all too many modern-day Americans fail to realize that important point — that the biggest threat to our rights and freedoms is not terrorists, communists, illegal aliens, Muslims, and financial crises but rather the federal government itself, including the U.S. military, the CIA, and the NSA.
Chief among the threats that the Framers were concerned about was that federal officials would arrest and jail Americans indefinitely without filing any criminal charges against them. To guard against this threat, the Framers made sure that the Constitution guaranteed the American people the right of habeas corpus.
Without habeas corpus, there is nothing a person can do to challenge his imprisonment. He must simply languish in jail until government officials decide to release him. If they decide never to release him, there is nothing he can do about it, not even if he is being mistreated, abused, or tortured. Demands for a court hearing, a trial, or for an attorney will fall upon deaf ears. No matter how innocent he might be, the prisoner must simply resign himself to remaining in jail for as long as his captors wish him to remain in jail, possibly for the rest of his life.
With the right of habeas corpus, a person can file a petition for a writ of habeas corpus with a federal judge. The judge orders the government to produce the person and show cause as to why he is being held. If the government cannot justify the detention with competent evidence, the judge orders his release. The government must comply with the order, on pain of contempt for refusing to do so. (If the government ignores the contempt order, that signals the complete breakdown of constitutional order, the arrival of complete dictatorship, and the possibility of revolution.)
Since the U.S. invasion of Iraq, federal officials have arrested and incarcerated some 100,000 people, most of them without any criminal charges. Over the years, officials have released some and continued to detain others. The decision to release or detain has been based entirely on the discretion of federal officials.
Since the Iraqis have no right of habeas corpus, they have no ability to challenge their detention. Every Iraqi is subject to being arrested at any time for whatever reason or for no reason at all. The reason is irrelevant. All that matters is that the power to arrest and incarcerate people is total, and there is absolutely nothing any prisoner can do about it. He cannot go to court to seek his release, even if he has done absolutely nothing wrong. He must simply languish in jail indefinitely and hope that U.S. officials ultimately decide to release him. His life and liberty are totally subject to the whims and discretion of U.S. officials.
The U.S. government’s arrest and indefinite incarceration of tens of thousands of Iraqis shows why the Framers included the right of habeas corpus in the Constitution — because of their belief that in the absence of constitutional restraints, including habeas corpus, federal officials would be doing to Americans what they’re doing to Iraqis.
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Congress DID approve the Invasion of Iraq. And if you recall, the reason we weren't STILL in a shooting war with Iraq was that we had drawn up a conditional cease-fire agreement; one in which virtually none of the conditions were met and/or kept. Declaration of war simply isn't necessary. But approval of Congress is.