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No, it's not. The fact that the person being tortured isn't a US citizen doesn't make torture any less of a contemptible, barbaric act that is unfit for civiliz

by pdkl95 12y ago

No, it's not. The fact that the person being tortured isn't a US citizen doesn't make torture any less of a contemptible, barbaric act that is unfit for civilized society. If basic human decency is not convincing, I suggest reading 18 U.S. Code § 2340A, which says (a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if— (1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. The nationality of the victim doesn't matter.

hyperliner 12y ago
Did you even read what I posted? Here is a copy-paste for you: Thus, there is little reasoned support for the widely held no- tion that noncitizens are entitled to substantially less constitu- tional protection than citizens. While not identically situated in all respects, foreign nationals should enjoy the same constitu- tional protections for fundamental rights and liberties as United States citizens. The areas of permissible differentiation - admis- sion, expUlsion, voting, and running for federal elective office - are much narrower than the areas of presumptive equality - due process, freedom of expression, association, and religion, privacy, and the rights of the criminally accused. When we balance liberty and security, in other words, we should respect the equal dignity and basic human rights of all persons. In the wake of September 11, we have failed to follow that mandate. When we spy on foreign nationals without proba- ble cause but not citizens, selectively target foreign nationals for registration, detention, and deportation based on their ethnic and religious identities, and lock up foreign nationals in secret or without any hearings at all, we have chosen the easy way out: sacrificing their rights for our purported security. In the end, the true test of justice in a democratic society is not how it treats those with political power, but how it treats those who have no voice in the democratic process. How we treat foreign nationals, the paradigmatic other in this time of crisis, ultimately tests our own humanity.

by pdkl95 12y ago

hyperliner 12y ago

Did you even read what I posted? Here is a copy-paste for you: Thus, there is little reasoned support for the widely held no- tion that noncitizens are entitled to substantially less constitu- tional protection than citizens. While not identically situated in all respects, foreign nationals should enjoy the same constitu- tional protections for fundamental rights and liberties as United States citizens. The areas of permissible differentiation - admis- sion, expUlsion, voting, and running for federal elective office - are much narrower than the areas of presumptive equality - due process, freedom of expression, association, and religion, privacy, and the rights of the criminally accused. When we balance liberty and security, in other words, we should respect the equal dignity and basic human rights of all persons. In the wake of September 11, we have failed to follow that mandate. When we spy on foreign nationals without proba- ble cause but not citizens, selectively target foreign nationals for registration, detention, and deportation based on their ethnic and religious identities, and lock up foreign nationals in secret or without any hearings at all, we have chosen the easy way out: sacrificing their rights for our purported security. In the end, the true test of justice in a democratic society is not how it treats those with political power, but how it treats those who have no voice in the democratic process. How we treat foreign nationals, the paradigmatic other in this time of crisis, ultimately tests our own humanity.