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Right wingers SAY the Constitution doesn't apply in Cuba. But, let's look at the WORDS..
Hello:
The
words: "...nor shall any PERSON be subject for the same offense 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.."
If people
are persons, then the 5th applies everywhere.. But, if the founders
meant CITIZENS, then the 5th ONLY applies within our shores..
What do you think the founders meant when they said "person"??? I think the founders knew the difference between persons and citizens, don't you?
I guess the Founding Fathers could not envision 200 years later there would be idiots stupid enough to believe that everyone on the planet has our Constitutional rights. If they could have looked into the future they would have worded it differently so as to not confuse the ignorant.
I don't know what so difficult. If the American government arrests somebody in Timbuktu, they are covered by the constitution. If the American government arrests somebody in south Vietnam, they are covered by the constitution. In fact, no matter where somebody IS in this world, if the American government arrests them, they are covered by the constitution.
That is what the fifth amendment says. The founders could have said citizen instead of person if they wanted to, but they didn't, and I don't think that's a mistake.
As far as I know, the US government does not or rarely arrest anyone in a foreign country. The country that the fugitive is in is responsible for arresting someone and then extraditing them back to the USA.
If the crime occurred in a foreign country that country is the one that will prosecute them.
Maybe my use of the word "arrest" confused you.. If the American government is going to prosecute a person, no matter where in the world he's arrested, or no matter which police agency arrested him, the moment he's turned over to American authorities, he's covered by the Constitution.. Even if he's turned over to the US in Timbuktoo, he's covered by the Constitution.
Certainly, I'm not addressing crimes that occurred in a foreign country.. The US has no interest in those..
SUPER STUPID here is the 5th and you tell me how it applies to Cuba okay !
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.
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 offense 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.
Your completely insane response is awaited !!!!!!!!!!!!
Through the United States Constitution, the document a Bill of Rights with Fifth Amendment makes claims in writing to alter.
The best exception to the Fifth Amendment is made clear by the Fifth Amendment itself. “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;” However the Unite States Constitution still holds a Military tribunal with a code of conduct regardless of this exception.
Our issue is in the articles of United States Constitution, written before any Amendment in the Bill of Rights, by change made on Constitutional self-evident truth. The United States Constitution is a type of judicial separation, which takes place on the constitutional level. EVERY WHERE! So, yes, it is the world’s right to have, and to hold, so help them axiom of GOD, the United States Constitution. The founding Fathers wrote it specifically to offer this common defense to the general welfare of all mankind. PERIOD.
"...nor shall any PERSON..... be deprived of life, liberty, or property, without due process of law.."
Those words don't mention geography.. They mention RIGHTS.. IF the founders WANTED to limit those rights only to citizens or people INSIDE the United States, they COULD have said so. They DIDN'T, and that's NOT a mistake..
Certainly, it doesn't pertain to the Cuban government or how Cuba prosecutes its prisoners.. It DOES pertain to how the United States Government prosecutes it's prisoners.
The 5th Amendment does NOT discuss GEOGRAPHY.. It discusses RIGHTS. Consequently, LIKE CUBA, IF the United States HAD prisoners in Amsterdam, they WOULD be subject to the 5th Amendment.
I'm probably not helping much.. It looks like I said that if an American got into trouble in Amsterdam, the US Constitution WOULD apply..
I'm NOT saying that..
WE, as in the United States HAVE prisoners in Cuba.. They are covered by the 5th Amendment because the United States is prosecuting them.. IF we, as in the United States ALSO had prisoners in Amsterdam, they too would be covered by the 5th Amendment..
The 5th Amendment doesn't apply to all persons for all things. It applies to all persons who "shall be held to answer for a capital, or otherwise infamous crime" or who may be "compelled in any criminal case" and it stipulates that this will not happen "without due process of law".
That means the 5th Amendment is not applicable to situations unrelated to criminal cases. The only due process required to kill enemy combatants is that which is sufficient to legitimize military action.
Enemy combatants are not apprehended by police for the purposes of criminal justice. When they aren't killed, they are apprehended by members of the military for the purposes of furthering the war effort.
Not really. The government can't take your property without due process of law. That's certainly civil - not criminal. Plus, it looks like you're cherry picking the amendment when you talk about infamous crimes, but you're entitled to due process of law even for a misdemeanor or a traffic ticket.
The bottom line is, if you're confronted by the US government for any reason whatsoever, in any part of the world, you are afforded the protection of the Constitution.
The UCMJ is subject to the fifth amendment. Military tribunal law is subject to the fifth amendment.
I'm not cherry picking, I'm quoting. Here is the whole context:
"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 offense 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."
"Infamous crimes" is not defined. Traffic offenses are criminal offenses.
The UCMJ applies to service members (producing situations of double jeopardy by the way). It does not apply to enemy combatants, nor do our laws. They aren't charged with a crime, they are simply enemy combatants.
When an enemy camp is targeted for bombing, would you suggest the inhabitants be given a trial before we sentence them to death? Isn't relying solely on intel an abridgment of their 5th Amendment rights? Where is their due process?
It doesn't apply to Cuba.. It applies to us.. If the US is prosecuting people, NO MATTER where in the world they are, or where in the world they were arrested, or WHICH police force arrested them, the Constitution applies..
Oh, Bush THOUGHT the Constitution didn't apply in Cuba.. That's why he founded the prison at Gitmo.. But, when he tried to PROSECUTE the detainees, the COURTS told him that the Constitution DOES apply..
That's why MOST of 'em were NEVER convicted of anything..
Ok, poochy boy.. Enough law for today.. I tire of your antics.. Now, get this stick.
SUPER STUPID you said the 5th applies everywhere that means all countries sail to those countries or fly to those countries since you are good at both and get things cleared up about the 5th !
Sorry, but the US Constitution does not extend to cover citizens of any other foreign nation. By your line of reasoning much of the Bill of Rights would be worldwide in mandate.
When you fly to Russia after you get done with your meeting with Putin on the 5th just fly over there to Iran get with the mullahs and have a meeting on the 5th with them. Should be a successful trip for you and you can get some things done that those in government can't get done. By the way bill Trump for your fossil fuel !
Fly on over to Syria and Afghanistan i know the 5th is in place there you could have some high level meetings with the Muslim Terrorist and get things cleared up ! You have to be the most ignorant FRAUD there ever was but you are entertaining you little child !
I have a dear friend with Alzheimers.. He can't remember one minute to the next.. I tell him we're gonna meet on Tuesday at noon.. He'll look at me and say, so we're meeting on Monday. I say no, Tuesday.. He'll say Monday at noon.. I'll say, no, Tuesday at noon. He'll ask me what are we doing on Monday.. I'll say no, we're meeting on Tuesday at noon.
He NEVER gets it.. That's NEVER.. Dealing with you is like dealing with him.. Have you had a check up lately???
Pay close attention.. I'm only going to say this once.. Everywhere the United States government is prosecuting people, the Constitution applies.. Yes, that includes Cuba.
That's not a hard concept to grasp.. Why are you having so much trouble with it??
It (5th) also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.
So all people are citizens and protected under law no matter the country they are in ?
And, you know NOTHING about the Constitution... That would be NOTHING!
Sure I do. People from other countries aren't Americans with American rights. Kim Jong Un is... not an American with American rights. Vladimir Putin is...not an American with American rights. Adolf Hitler was...not an American with American rights. I know it's hard to grasp, but I can find you "Common Sense for Dummies" next time I hit the bookstore.
