Constitution follows the flag: history doesn't repeat itself in S.Ct.

[AP]

I haven't read the S.Ct. decision today, but from what I can tell it sounds like the s.court is saying that the US consititution applies to Gitmo prisoners.

In the last four years when so many of Bush's actions seem to either repeat the mistakes of the McKinley administration or are undoing all the good done by FDR, this S.Ct. decision would be a rare example of learning from historical mistakes.

During the Spanish American war there was a debate in the united states over whether American colonies would be subject to the constitution. Liberals argued that the constitution followed the flag and if our government was going to control the colonies, then the citizens of the colonies were entitled to the benefits of the constitution. The fascists argued that the colonies were merely proctetorates and the constitution didn't apply. The latter argument one over. The result: brutal oppression and torture in the Phillipines once the government knew it wasn't going to be held accountable for its actions.

Well, it sounds like the Supreme Court doesn't want to allow the US to make the same mistake twice. As Bush would say, "fool me twice...don't get fooled again."

[Guaranteed]

1. Which ones?

The US citizens, or the foreign prisoners?

As far as the US citizens are concerned, they deserve every right that any criminal in the US gets. But they're not getting them. Instead, the government is able to detain them indefinitely without being charged or given a trial (whether or not they're able to see a lawyer has been a point of confusion here- I'm not sure that it's been decided). The SC says that they have a right to "their day in court" (whatever that means) to ***PROVE THEIR INNOCENCE*** :puke: and challenge their captivity.

Of course, I'm not sure who they're supposed to tell that to- the prison guards?

[AP]

2. The people living in the colonies -- non-US cititzens, whether prisoners

or not.

I'm guessing that the S.Ct today isn't distinguishing between citizens and non-citizens in Gitmo. If you're under the jurisdiction of the US you're entitled to the fed courts, even if you're in Cuba.