Read-only archive of the Armageddon Games Forums Archive (2000–2026) · About this archive

"Bush claims right to waive torture laws"

7 replies · 1,314 views · Started 23 June 2004

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.

slothman wrote: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.

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.

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.