quote:
In other words, if you are on american soil, you have american rights. It is not just citizens who are protected by the constitution and our laws.
Well, yes and no.
First off, it has nothing to do with the 14th Amendment. That applies only to the states and, as I'm sure you're aware, it's the federal government that runs the military.
Second, obviously merely being on American soil doesn't grant one
all rights that a citizen has, the right to vote perhaps being first and foremost among the rights that a non-citizen doesn't have.
However, the above notwithstanding, you are correct in the sense that being in American jurisdiction does entitle a person to certain protections, regardless of citizenship.
Now, exactly how that impacts on the Gitmo detainees is not something that I can speak authoritatively on. SCOTUS has issued a couple of rulings on their status and protections they are entitled to, and there have been several lower court rulings as well, I believe. But it's not something I've followed very closely. As I understand it, they are not POWs and not entitled to POW protection. (This, of course, is a completely different question from whether we should accord them the same basic protections that POWs are entitled to, if for no other reason than we are a civilized nation with respect for basic human rights.)
However, merely saying they aren't POWs hardly answers the question of how to treat them. Historically, the US hasn't simply roamed the globe, grabbing people thought to be a threat and held them incommunicado indefinitely. If someone has committed criminal action against the US, we charge and prosecute them, Manuel Noriega for example.
In short, you are correct when you point out that just because they are not American citizens, that doesn't mean they have no rights against the US government.
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