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> A foreiginer is not a person as defined in the constitution That is not correct, foreigners are indeed persons under and are subject to the equal protection

by Thrymr 12y ago

> A foreiginer is not a person as defined in the constitution That is not correct, foreigners are indeed persons under and are subject to the equal protection clause [1] under the 14th amendment of the Constitution, which explicitly refers to "persons" and not only to "citizens". The whole reason for Guantanamo is that it is outside of US jurisdiction, and it was argued that the constitutional protections do not apply there. It's pretty clear that suspects would have full Constitutional rights on US soil; whether they do in Guantanamo is still being contested (the US gov't holds that they do not). IANAL, nor a Constitutional scholar, etc. [1] http://en.wikipedia.org/wiki/Equal_Protection_Clause http://en.wikipedia.org/wiki/Equal_Protection_Clause

malandrew 12y ago
Exactly whose jurisdiction does Guantanamo fall under if not America? And why are the laws of that jurisdiction not applied to those people?
- dragonwriter 12y ago
  > Exactly whose jurisdiction does Guantanamo fall under if not America? Cuba's, under the particular concept of territorial jurisdiction stemming from the Supreme Court ruling in Johnson v. Eisentrager, 339 U.S. 763 (1950), that the Executive Branch sought to leverage when it established the detention facility at Guantanamo. It is worth noting, however, that this broad application of the Johnson v. Eisentrager precedent in Guantanamo was generally rejected by the Supreme Court in cases including Rasul v. Bush, 542 U.S. 466 (2004) and Boumediene v. Bush, 553 U.S. 723 (2008).
  - malandrew 12y ago
    Why doesn't Cuba do something about the situation at Guantanamo? They are already embargoed indefinitely. I don't understand why they don't address the situation there.
    - dragonwriter 12y ago
      > Why doesn't Cuba do something about the situation at Guantanamo? Like, what? Start a war with the US? There's a pretty obvious reason not to start a war with a country who you are close enough to that there aren't many logistical barriers to them bringing their military force fully to bear on you, and whose annual military budget is on the order of 10 times your GDP. Cuba's jurisdiction over Guantanamo is a legal fiction that the prior administration tried to leverage (largely unsuccessfully, given the Rasul and Boumediene decisions), not something that has real substance.

by Thrymr 12y ago

malandrew 12y ago

Exactly whose jurisdiction does Guantanamo fall under if not America? And why are the laws of that jurisdiction not applied to those people?

dragonwriter 12y ago
> Exactly whose jurisdiction does Guantanamo fall under if not America? Cuba's, under the particular concept of territorial jurisdiction stemming from the Supreme Court ruling in Johnson v. Eisentrager, 339 U.S. 763 (1950), that the Executive Branch sought to leverage when it established the detention facility at Guantanamo. It is worth noting, however, that this broad application of the Johnson v. Eisentrager precedent in Guantanamo was generally rejected by the Supreme Court in cases including Rasul v. Bush, 542 U.S. 466 (2004) and Boumediene v. Bush, 553 U.S. 723 (2008).
- malandrew 12y ago
  Why doesn't Cuba do something about the situation at Guantanamo? They are already embargoed indefinitely. I don't understand why they don't address the situation there.
  - dragonwriter 12y ago
    > Why doesn't Cuba do something about the situation at Guantanamo? Like, what? Start a war with the US? There's a pretty obvious reason not to start a war with a country who you are close enough to that there aren't many logistical barriers to them bringing their military force fully to bear on you, and whose annual military budget is on the order of 10 times your GDP. Cuba's jurisdiction over Guantanamo is a legal fiction that the prior administration tried to leverage (largely unsuccessfully, given the Rasul and Boumediene decisions), not something that has real substance.