Washington Post:
Plan Would Let U.S. Deport Suspects to Nations That Might Torture Them. “... would apply to non-U.S. citizens who are suspected of having links to terrorist organizations but have not been tried on or convicted of any charges.” The Republicans would wash their hands, condemning unjudged individuals to torture at the hands of others. Sounds familiar. PBS, Religion and Ethics has an interesting article, and links at the bottom.
Due process, right to a trial, 5th amendment to the Constitution, was recently affirmed for prisoners at Guantanamo.
Prior law, Supreme Court opinions:
“The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave congress free to make any process ‘due process of law’ by its mere will.’’
“It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.’”
My italics.
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