you keep referencing the Constitution but your posts indicate you have either not read it or you failed to grasp what it says
lol...The bad guys in this war are well aware of the rights and freedoms guaranteed by the US Constitution and their battle plan is designed to exploit those as weaknesses.
There is a fundamental problem here.....
At the time the Magna Carta was written and imposed on King John, it was probably the greatest political document confirming rights and limiting the power of government to exist to date. But times changed and it was no longer good enough. Our founding fathers wrote the Declaration of Independence in 1776 and finally ratified the Constitution in 1789. Even the Constitution was unable to remain unchanged by time and we amended it. Several times.
Now, the Geneva Convention was written in a time when war was conducted primarily by European powers (1860's). It set rules for warfare as it was understood at that time. The fact is, it is ****ing outdated. Times have changed and the war we face now does not fall squarely within the delineations of war v. not-war. We aren't fighting against a nation/state, though in the old days, we would have made it nation v. nation. Today, we recognize this problem as not limited to a single nation. It is an idea we're fighting, terrorism/radical Islam, not Iraq, not Iran, etc.
But people don't like fuzzy definitions. They want something as clear cut as our enemy was in past wars. And because it isn't, they bitch about the President overstepping his bounds, occupations, foreign combatants, etc. It isn't neat, therefore it is disturbing.
Warfare has changed since 1870.
The bottom line is the Geneva and Hague Conventions are past due to be amended or scrapped.
The STUPIDITY and IDIOCY is in holding us to the rules of war as they existed 140 years ago, when breechloaders were first entering service, there were no planes, no suicide bombers, etc.
Like immigration, the system is broken, a problem exists and we need to redefine how things work.