Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: JeanS
It is amazing to me that the truth is right there in front of peoples face yet they can only believe the nonsense that is fed to them.

We the Sovereign People created the Constitution and told our public Servants what they have the priveledge of doing. And we said that

Article 1, Section 8, Clause 10 states: "Congress shall have power . . . To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations."


We didn't say that "Well, thats only if you want to do it that way"!!!!

Congress can no more give this power to the Executive Branch any more than it can give the coining of money to the Judicial Branch.(We won't even get into the illegality of the Federal Reserve)

We are not detaining and trying known soldiers, we are detaining and trying people who may or may not be "terrorists"

Now if these people are not soldiers, and we find through lawful obtained evidence that they are "terrorists", then and ONLY then can they be turned over to the appropriate group to be dealt with as spies.
14 posted on 11/27/2001 4:03:08 PM PST by borntodiefree
[ Post Reply | Private Reply | To 1 | View Replies ]


To: borntodiefree; All
Good discussion on this issue.

I get really nervous when my right to trial by a jury of my peers is in danger.

Can we limit the application of military tribunals to non-citizens only? I believe that there needs to be a clear distinction between US citizens and foreign nationals; the Constitution can't apply to everyone on the planet.

As for Congress rescinding this power, I discount their ability to legislate ANYTHING in a timely manner, other than stupid gestures like letters of support to friendly countries or pay raises for themselves.

16 posted on 11/27/2001 4:17:05 PM PST by ZOOKER
[ Post Reply | Private Reply | To 14 | View Replies ]

To: borntodiefree
Congress can no more give this power to the Executive Branch any more than it can give the coining of money to the Judicial Branch.

Congress can and does delegate execution of the laws it passes to the executive branch, like the coining of money, which power was given to Congress in the very same section of the Constitution, Art. I Sec. 8, as the power to punish Offences agains the Law of Nations. The former is just 5 paragraphs before the latter. We are not detaining and trying known soldiers, we are detaining and trying people who may or may not be "terrorists"

This is no different than the case of the German sabotours from WW-II. The only way to know if they were sabatours was to try them, which we did, by Military Tribunal. Spies and sabatours (which is pretty much what terrorists are anyway) don't carry ID cards you know, at least not foreign military ones.

23 posted on 11/27/2001 4:55:29 PM PST by El Gato
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson