Rights of Foreign Detainees

I believe that unqualified uses of the word “person” or “people” in the Constitution apply to all human beings, not just citizens. It is not, however, to be interpreted that the United States has an obligation to ensure the rights of every person in world. This would be totally unreasonable.

Article I section 9 of the U.S. Constitution says, "The writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it." Since the 5th Amendment was enacted after this, it supersedes this by narrowing the powers of Congress even more to the protection of the accused. It clearly indicates that no person should be held without an indictment of grand jury. The only exception given in the 5th is in war time (it must be a declared war) and it only applies to those serving in the (OUR) military who commit crimes against the United States. Congress has authority over this according to Article 3 section 3. There should be no secret courts, secret evidence, or special military courts outside of these provisions.

The torture of prisoners is in violation of the "Federal Torture Act," Title 18 United States Code, Section 113C, the UN Torture Convention, the Geneva Convention, and most importantly the 8th Amendment.