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View Full Version : "Bush claims right to waive torture laws"



Paradox
06-22-2004, 09:22 PM
http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20040623/ap_on_go_pr_wh/us_prisoner_abuse_21

yet another reason to vote for Kerry in the upcoming election.
Bush and Rumsfeld both get into shady areas regarding torture but claim to be "in a manner consistent with the Geneva Conventions".................

slothman
06-23-2004, 12:47 AM
The Geneva Convention doesn't trump the "cruel and unusual" clause of the Bill of Rights. If it specifically said torture was legal it still wouldn't be in this country.

deathbyhokie
06-23-2004, 10:10 AM
The Geneva Convention doesn't trump the "cruel and unusual" clause of the Bill of Rights. If it specifically said torture was legal it still wouldn't be in this country.

i'm pretty sure the bill of rights only applies to american citizens.

C-Dawg
07-10-2004, 02:35 PM
There's an argument over whether it does or not apply to foriegners. I, for one, beleive it does. At least as far as the enumerated rights go.

Why?

Becuse the Constitution and the Amendments define rights (mostly) negatively. That is, the First Amendment doesn't say "Each Citizen shall have the right to freedom of the press," it says "Congress shall make no law restricting the freedom of the press." (I'm paraprasing, but the point is valid.)

The enumerated rights are defined in terms of what our government CANNOT do; there is no language that says WHO it can't do it to. Now, granted, we restrict rights all the time for countervailing reasons, but the presumption should always be resolved in favor of RESTRICTING what our government can do to ANYONE.

The rights secured under the 10th and 11th Amendments are trickier. These are not enumerated; they do speak in terms of reserving rights to the states or people. So if the right in question is one of the first 8 Amendments, or some of the later ones like the 14th, it should apply to anyone. If it's a non-enumerated right under the 10th and 11th, it only applies to citizens.

Glitch
07-10-2004, 02:38 PM
The link no longer works.....

This just gives me one more reason to vote for Kerry.

AlexMax
07-10-2004, 07:42 PM
Incoming flood of neo-cons in 5....4....3.....2....

EDIT: Fixed...

Glitch
07-10-2004, 07:55 PM
Incoming flood of necons in 5....4....3.....2....


necons?

[10 Chars]

SixTen
07-10-2004, 08:07 PM
Americans who go to other countrie are subject to their laws so we should do the same here. Captured terrorists were given a trial, so I think that no cruel and unusual punishments should also apply.