Not really! But in light of a new Supreme Court decision that calls for allowing detainees at Guantanamo bay due process as I have something to say.
The constitution of the United States of America says all people are entitled to habeas corpus or due process except in time of war.
The founders worded it this way because wording it to apply to United States citizens only would encourage isolationism and a "we art holier than thou" attitude to foreigners.
The war on terror is thought of as a war that will continue on almost indefinitely because terrorism is a tactic used by many extremist groups and it is widely accepted that no matter how hard anyone tries there is no way to wipe out the threat of terrorism completely.
Therefore, since a perpetual war on terrorism is what we are all expected to come to terms with than wouldn’t that imply the detainees could be forever imprisoned without evidence or due process? This would be inhumane, especially when the prisoners do not even have to be told what they are in for and could very well be innocent. It would be naive to think this kind of governmental power would not be abused.
The opponents of habeas corpus say that it doesn't matter because habeas corpus only applies to citizens of the United States but as we have clearly shown this is not and should not be the case. Especially if we are trying to spread democracy it would be contradictory to practice undemocratic methods to achieve our ends.
Denying due process, it is argued, is imperative to make sure potential terrorists are not set free do to lack of evidence. I say that if evidence is lacking than you have no reason to lock someone up indefinitely just because you have a hunch or heard a rumor.
Another argument is that these people would do it to us, cut off heads ect... This is a very broad generalization when you do not even know who these people being lock up are. When no evidence has been given to the detainees or the public that they did anything wrong to begin with then what are we condemning them on? The America way is to look at it is per individual, try them and convict based on evidence. I say we treat others how we want to be treated and practice the United States innocent until proven guilty doctrine. How can we expect anyone to embrace democracy if we do not practice democratic principles?
During war time, of course, there is a need to hold prisoners and there is no way to allow them all to have due process right away but when the war has no clear objective and could potentially last forever I think it is only fair that evidence eventually be brought forward for the sake of evidence. To lock someone up, strip them of all rights, and deny them due process without even having to explain to them what they did wrong is un-American and sentimental of a communist dictatorship, certainly not of the values of United States of America. It is also a sure fire way to ensure others DO NOT embrace our way of life.
Feel free to chime in.
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