Thursday, September 30, 2010

Fifth Amendment Court Cases - Grand Jury Exception Clause

http://www.revolutionary-war-and-beyond.com/fifth-amendment-court-cases-grand-jury-exception-clause.html

Article 3, Section 2 - The Trial of all Crimes, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

A while ago, a 1950 case called Johnson vs. Eisentrager, the Supreme Court ruled that captured enemy soldiers, who were not citizens of the United States, could not challenge their detention in American courts.The Court ruled that foreign enemies have no more rights than Americans do. They reasoned that American citizens conscripted into the military service are thereby stripped of their Fifth Amendment rights.  

I do not think that anyone who is detained as a enemy combatant should just have the court give him a punishment without first giving him a trial, even if they are not from this country. They should have the rights that everyone else in the U.S has.

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