“I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.
The underlined clause makes clear that Fifth Amendment need not apply to capital crimes committed by foreign enemies.The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fifth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Furthermore, the requirement of an impartial jury is only applicable to criminal prosecutions.
The Sixth Amendment:
The Bill of Rights makes specific exceptions to the treatment of foreign enemies, the execution thereof determined by international law to which the US is a signatory, namely, the Geneva Conventions.In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Sixth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
Avalon Project - U.S. Constitution - Article VI
Yeah truly inspired speech palin gives... Completely random and crazy. Did you see her resignation speech?
Reagan used teleprompters and couldn't do well without. Bush Jr couldn't do well even with them.
let's see, we got the POTUS and the AG coming out TODAY in favor of tribunals
but one of our FORUMS MEMBERS (LOL!) deems them unconstitutional
as if anyone could possibly care what little old anyone-of-us might think
hey, who cares about NATIONAL HEADLINES
what does THE MEMBER think?
Are you serious?!?!? Why am I debating this with you if you don't know who has been tried and convicted where? Anywhere between 90 and 300 terrorists, depending how you count them, have been convicted in civilian courts. Richard Reid, the shoe bomber, was arrested and was ready to be tried in a civilian court in Boston. Until he confessed, you didn't hear these whiney cries from the people of Boston over his upcoming civilian trial, did we?Proof of this?
You wish. Most people want the civilian trials. It's just that you rightees cry so loud over KSM being tried in New York that you've scared everyone. What in the world are you afraid of? All you are doing is acting like a bunch of lemmings following your idiotic Repuke leaders wherever they direct you to go. You don't even know why you're arguing what you're arguing.You're the one who is complaining. Everyone except you has accepted the fact that a civilian trial for KSM is a dumb idea.
Try the SOB right here and show the world we are not afraid to try ANYONE who attacks us. By switching to the untried and very new military tribunal we will be rolling the dice as to how this will effect us.
Thank You Barack Obama for Restoring Honor To The Presidency.
President Obama will rank as one of our greatest presidents!
You're also insulting retired Army Major General William Nash
"Any time you do something hard, there’s a time where maybe you have second thoughts. That’s the time any good leader has got to remind himself about the story about ‘steady boy steady.’... The machinations of those who are afraid of these terrorists, who are afraid of American laws, who are afraid of this process that lived by under the rule of law for many many years — centuries — this is not the time to allow them to have their fear drive us away from doing the right thing... This is not the time to be scared. This is not the time to accomodate those who have led the country through an aura of fear for eight years. it’s time to do the right thing and persevere through."
You're insulting Retired Army Lt General Harry Soyster former Director of the DIA
"My concern is what it looks like to our enemy. And they certainly should be delighted in what appears to be great confusion, great ambiguity and inability to address the issue, so they should feel they are making progress if in fact our initial stand is reversed. from my perspective, the president [initially] chose chose the harder right over the easier wrong when he made the stand, supported his attorney general...and he should hold firm to that"
Also Retired Navy Rear Admiral John Hudson The Navy's Judge Advocate General from 1997 to 2000
“If you were from Mars and you came to earth and were told there were two options for prosecuting these guys. And one of them was federal courts, where we’ve done 200 of these [terrorism] cases over the last nine years, 90-percent-plus conviction rate, people successfully imprisoned, experienced judges, experienced prosecutors and all of that. Or you could go to a military commission which the Supreme Court has already struck down once, they’ve got three cases [with] two guilty pleas — both of those guys are out of jail — no experienced judges, no experienced prosecutors and a tenuous judicial system at best which is untried up to now in any real sense — which one you choose is pretty clear. Then you put on top of that the Constitution very clearly provides the president in his capacity as commander-in-chief is responsible for the prosecution of the war — and I would argue all of this is part of that responsibility, in how we go forward with the war — and the Department of Justice is responsible for the prosecution of federal prisoners, it’s clearly in the authority and the responsibility of the executive branch to do this.”
Also you're calling this guy someone without a brain
[ame="http://www.youtube.com/watch?v=8Hl2c9p6YpM"]YouTube- Powell Supports Civilian Trials, Closing Gitmo[/ame]
[sarcasm]Yeah you're so much smarter than these guys[/sarcasm]