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Should America be allowed to detain foreign nationals without due process?

Update:

i want to hear arguments from both sides.

14 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    It isn't about rights as Americans it is about human rights. The answer is a resounding no. Our country is based on a rule of law and the president and his goons have found a way to circumvent it. This is for now, with the democrats in power we could see a return to law and order.

  • Anonymous
    1 decade ago

    No. There should be some form of due process.

    That is not to say however that the public needs to see that process being carried out or that the process terrorists go through needs to be the same as that used with domestic crimes.

    The need to maintain national security requires that some prisoners be held, questioned and tried without public knowledge and that requires a different process.

    Thus, the use of military tribunals or some other form of trial procedure which can be kept classified, the use of high clearence JAG attorneys rather than a lawyer of the prisoners choice, etc. is necessary. Once the threat, which caused the need for secrecy, has dissipated completely the records should be declassified.

  • 1 decade ago

    We either stand for our basic principles, or we don't. Part of the connundrum that the USA is in with regards to foreign relationships is that we have put business interests or 'cold war; interests in front of our basic principles of freedom, justice, equality. Therefore, when the US speaks around the world; the world doesn't believe us (P. Bush, et, al) when we equivicate about the virtues of democracy because our actions don't coincide with our words. Foreign aid and support of foreign governments should be based upon how well those countries are working to developing a free government expressing the will of it's peoples, independent judiciary, equality in the workplace and schools for both men and women, freedom of enterprise, freedom of expression. If we don't walk the talk, then those whom would like to think the best of us find it difficult to express or emplify America/Americans to those around them. Once our actions are viewed as synonomous with our words regarding the principles of our society; then we may begin to see a world that works with us instead of against us. In other words, sometimes we are our own worst enemy.

  • 1 decade ago

    Amendment XIV

    Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    Sounds to me like the author is saying ANY person is protected by the law regardless of citizenship.

    The fact that they are being held overseas is irrelevent since they would still fall under the US jurisdiction.

    Source(s): Section 1 of the 14th Amendment
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  • Anonymous
    1 decade ago

    According to that Constitioun thing, no, but thats not reffered to anymore. Law is what is said by the president. If Bush says its a law, it is. If Bush says No Attorney will be seen, they wont. If bush says Torture is good for america, it is.

    Bush should be fired.

  • ken y
    Lv 5
    1 decade ago

    yes they should be considered enemy's of the state

    they are military combatants that not signatory to,

    nor are they following the rules of the Geneva convention

    there for military tribunal is what they have in the way of a trial

  • 1 decade ago

    Yes we should,they are not Americans so in my opinion they should not have the same rights as we do. I have been to other countries and if you get jamed up there you have no hope.

  • Anonymous
    1 decade ago

    Yes, especially during times of war. Yes, especially when there are Islamic extremists gunning to kill all infidels.

  • Becky
    Lv 4
    1 decade ago

    Yes!

  • 1 decade ago

    According to Mr.Bush....YES. I don't agree but hey I am just another voting citizen that don't matter.

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