Yes it did - those same justices who rendered the Casey decision got this one wrong as well. This comment (allegedly made by Scalia) makes the obvious point: *“I’m not about to give this man who was captured in a war a full jury trial. I mean it’s crazy”*The Geneva Convention was written to apply to regular armies, it never included “unlawful enemy combatants” in its protections
On one hand I can agree with Scalia… I feel somewhat the same.
Please don’t make the error of thinking I am a leftist or anything like that. Personally, I am more conservative than neo-cons, who I think are “wusses” who should wear pink tutu’s and dance in the streets. 99% of them are loudmouthed “chickenhawks”.
I think that even that little cretin “Lindh” who was captured in Afghanistan should have been tried, sentenced then shot by a firing squad for nothing less than HIGH TREASON.
I am well aware of what the Geneva Convention is and how and why it was written. I was bound by it in a war with an enemy who was not a signatory, and who did not abide by it, but we were bound to do so.
Does it surprise you that non-citizen enemy combatants are not protected by the US Constitution and should not have access to US courts?
Frankly, for non-citizen enemy combatants I see absolutely no reason to provide them Constitutional protections. They are not entitled in my view of things.
Did we hold individual trials for the thousands of German and Japanese prisoners we captured in WWII?
We held many individual trials. Many war criminals were tried, some in groups, others not. Though at present there is a bit of a difference… We “conquered” enemies who had attacked us, and we vanquished them on the field of battle. It was our place to settle the scores. At least we did give them fair trials under our military laws.
This is mere heavy breathing, there is no reason to take this stuff seriously.
Ender, you can say that, but the fact is this: It may not be. Once rules are bent and the applications are bent, misapplications begin, then the force of the rules are misapplied and disabused.
If the laws are not written to a certain measure of specificity then it is all too possible that they can be misused.
Remember this well…
I am not a leftist, I am an ULTRA-CONSERVATIVE, but I don’t like and will not tolerate un-Constitutional misdeeds. You do it right, or don’t do it at all.