Have they closed Gitmo yet?

Baron Max:

Ya' mean like the fundamental right to own guns ....which you and people like you are trying to take from me?

Owning a gun is not what I would call a fundamental right. There is a general international consensus on fundamental rights (e.g. see the Universal Declaration of Human Rights), and gun ownership is not listed as one of them.

If I'm ever locked up like that, it'll probably be because I did something very wrong ....and I would probably deserve being locked up.

Probably. Hmm...

I think there have been innocent people locked up, but the percentage is very small. And I'm willing to accept that flaw for the greater good of society.

Thankfully, the entire history of the US legal system is against you on this point. In principle, it prefers to err on the side of letting the guilty go free occasionally, rather than locking up the innocent.

I'm so glad that better minds than yours invented the system you live under.
 
I don't see why the prisoners can't be properly tried and convicted - a military court, if necessary. Justice should be seen through.

But if guilty - back they go.
 
Owning a gun is not what I would call a fundamental right. There is a general international consensus on fundamental rights (e.g. see the Universal Declaration of Human Rights), and gun ownership is not listed as one of them.
I would consider self defense a fundamental right, and that includes the right to own and use a gun.

Regarding your "Univeral Declaration of Human Rights", screw that. Humans rights were handed down from God, not some UN commitee. Or, if you don't like God, Human rights are intrinsic to the nature of man.
Thankfully, the entire history of the US legal system is against you on this point. In principle, it prefers to err on the side of letting the guilty go free occasionally, rather than locking up the innocent.
You're talking about criminals, not unlawful combatents. The only case regarding people in this class to go before the Supreme Court ruled the military could do what they wanted with them. This was in WW2 and the Germans dropped off some guys to sabatoge and create havoc. They were executed by the military. Despite the fact that one of them was a US citizen.

And regarding closing Gitmo, it will result in three things. One, more secret prisons to question/hold valuble enemy combatents. Two, more shipping off of these scumbags to other countries where they will endure much worse than the "torture" they endure in US custody (rendition). And three, more summary execution of terrorists.

Enemy combatents have no business whatsoever in US civil or criminal courts. They are not equipped to deal with them. Rules such as discovery would destroy all of our sources of info. And adjusting the courts so they could deal with these cases would pervert the law and result in a real loss of civil rights.

Terrorists are not criminals. They can not be handled by the same courts. They need to be dealt with by military tribunals or simply killed.
 
how come unlawful combatants only entered the picture under this current regime.

Were they recently created by God?

Or did your government need the term to install fascist elements?
 
how come unlawful combatants only entered the picture under this current regime.

Were they recently created by God?

Or did your government need the term to install fascist elements?
Bush did not invent this term. As I mentioned in the above post, the suprreme court ruled in WW2 there is no right to habius corpus for unlawful combatents:
U.S. Supreme Court
EX PARTE QUIRIN
317 U.S. 1 (1942)
Ex parte QUIRIN, Ex parte HAUPT, Ex parte KERLING, Ex parte BURGER, Ex parte HEINCK, Ex parte THIEL, Ex parte NEUBAUER.

Nos. -- Original and Nos. 1, 2, 3, 4, 5, 6 and 7-July Special Term, 1942


PER CURIAM.

In these causes motions for leave to file petitions for habeas corpus were presented to the United States District Court for the District of Columbia, which entered orders denying the motions. Motions for leave to file petitions for habeas corpus were then presented to this Court, and the merits of the applications were fully argued at the Special Term of Court convened on July 29, 1942....

The Court holds:

(1) That the charges preferred against petitioners on which they are being tried by military commission appointed by the order of the President of July 2, 1942, allege an offense or offenses which the President is authorized to order tried before a military commission. (2) That the military commission was lawfully constituted. (3) That petitioners are held in lawful custody, for trial before the military commission, and have not shown cause for being discharged by writ of habeas corpus. The motions for leave to file petitions for writs of habeas corpus are denied...

By universal agreement and practice the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/quirin.html
 
madanthonywayne:

I would consider self defense a fundamental right, and that includes the right to own and use a gun.

Self-defense isn't listed anywhere by anyone as a fundamental human right.

Regarding your "Univeral Declaration of Human Rights", screw that. Humans rights were handed down from God, not some UN commitee.

All expressions of fundamental human rights have been written down by men, not gods.

If you read your bible, you'll see that your God isn't too great on the subject of human rights. I wouldn't go looking for rights in your bible.

Or, if you don't like God, Human rights are intrinsic to the nature of man.

Sadly, they are not. Human rights are an attempt to protect people in general from the baser motives that people are prone to succumb to from time to time.

You're talking about criminals, not unlawful combatents.

The term "unlawful combatent" is just a case of weasel words.

And regarding closing Gitmo, it will result in three things. One, more secret prisons to question/hold valuble enemy combatents. Two, more shipping off of these scumbags to other countries where they will endure much worse than the "torture" they endure in US custody (rendition). And three, more summary execution of terrorists.

Interesting that you do not trust your government to uphold basic freedoms and rights. That says a lot. What it hints to me is how low the US has sunk in terms of providing some kind of moral role model in recent years.

Terrorists are not criminals.

No? What are they, then?

They can not be handled by the same courts. They need to be dealt with by military tribunals or simply killed.

I'm not surprised you support the death penalty as well.
 
Self-defense isn't listed anywhere by anyone as a fundamental human right.
Really? In the US we hold the most fundamental of rights to be life, liberty, and the pursuit of happyness (Locke had that last one as property). The right to life, if it means anything, includes the right to defend it.

NO RIGHT MEANS ANYTHING WITHOUT THE RIGHT TO DEFEND THOSE RIGHTS.
William Blackstone's Commentaries on the Laws of England, published in 1769, explained the connection: "Life is the immediate gift of God, a right inherent by nature in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb.... A man's limbs... are also the gift of the wise creator; to enable man to protect himself from external injuries in a state of nature. To these therefore he has a natural inherent right; and they cannot be wantonly destroyed or disabled without a manifest breach of civil liberty.

"Both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide if committed se defendendo [in self-defense], or in order to preserve them. For whatever is done by a man, to save either life or member, is looked upon as done upon the highest necessity and compulsion." http://www.claytoncramer.com/DefendingSelfDefense.html

Most state constitutions in the US include the right to bear arms for self defense. For instance, the Indiana Constitution says:
"The people shall have a right to bear arms, for the defense of themselves and the State."

The idea that there is no right to self defense is a bizarre concept I would never have considered anyone seriously making. I am flabergasted that you could seriously believe there are any rights without the right to self defense!
 
Most state constitutions in the US include the right to bear arms for self defense. For instance, the Indiana Constitution says:
"The people shall have a right to bear arms, for the defense of themselves and the State."

The US has a way to go to climb out of the dark ages and get with the programme that more enlightened nations of the world are espousing.
 
Perhaps; but there are other places that need a ladder much, much more at the moment.
 
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