Saturday, December 3, 2011

Susan Collins spreads central myth about the Constitution

Posted by D. Lagutaris aka Olivia LaRosa

RE: Boumediene v. Bush

First, the U.S. Supreme Court, in 2008, issued a highly publicized opinion, in Boumediene v. Bush, which, by itself, makes clear how false is the claim that the Constitution applies only to Americans.  The Boumediene Court held that it was unconstitutional for the Military Commissions Act to deny habeas corpus rights to Guantanamo detainees,none of whom was an American citizen (indeed, the detainees were all foreign nationals outside of the U.S.).  If the Constitution applied only to U.S. citizens, that decision would obviously be impossible.  What’s more, although the decision was 5-4, none of the 9 Justices — and, indeed, not even the Bush administration — argued that the Constitution applies only to American citizens.  That is such an inane, false, discredited proposition that no responsible person would ever make that claim.

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