Guantanamo: Unconstitutional or Constitutional?
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A personal opinion and view on the matter – comments are considered- what’s your stand?
Is Guantanamo Bay unconstitutional? The answer is an indisputable YES.
It is not even a matter of personal opinion but a state of fact. Both the Constitution and the United States’ laws and policies clearly emphasize that a prisoner cannot be tortured in any way. Guantanamo Bay seems to have slipped through that law due to America’s post-9/11 paranoia, but the fact remains the same: it’s UNCONSTITUTIONAL.
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It misrepresents America for what it is supposed to be: the land of the free and the land of the brave. We’re supposed to be that nation that is not brought down by corruption or desperation, but stands with a unique purpose and authority. Bush’s determined spirit to torture prisoners in Guantanamo (e.g., water boarding) violates humanitarian rights and prisoners’ rights, which is exactly why Barack Obama signed the paper closing Guantanamo within a year on January 22, 2009.
Bush covered up Guantanamo with ambiguous language, trying to make Guantanamo appear as something that safeguards American citizens from the horrors of terrorism. Bush tried to make Guantanamo appear as something good, something that would protect America from another 9/11.
It is unfortunate to say that he did not address the countless controversies that would arise because of his unconstitutional decision. Countries such as China, Switzerland, Britain, and Russia have all questioned Guantanamo’s effectiveness and necessity. Many of the prisoners were taken in to Guantanamo under the presumption that they were guilty of crimes against the United States and other.
Many, however, were released in 2008 after they were found innocent.
The removal of Guantanamo Bay will improve America’s image, which has significantly deteriorated over the years. With the economy slumping and job unemployment on the rise, America does not have a role-model image, nor will it for many years. But with Guantanamo Bay gone, it will hopefully restore its once respected face, one many nations once wished to imitate.
Interrogations of suspected terrorists in Guantanamo lead to “harsh” interrogation, which gradually became water boarding, which gradually became classified as torture. As a democratic nation, prisoners are granted certain rights such as the right not to talk until their lawyer is at their side, and, if they are under 18, their parents as well. CIA interrogators, however, just went straight into water boarding, which is the process of simulated drowning. A mask is placed over your face, and you are submerged in water for minutes at a time. A grate is placed over where your head is underwater, and so you experience a “real-life” imitation of drowning. Naturally, this is enough to make any detainee panic.
The United States is supposed to be better than this. It is supposed to be the symbol of hope and freedom, not of drowning and malicious behavior. It is supposed to show the world what a nation can be, that it CAN have revolutions, and succeed, and develop its own system. It is supposed to represent something unique.
Guantanamo Bay was not only unconstitutional, it was wrong. It was wrong from the beginning when Bush opened up the location in Cuba, and still is today. Until Guantanamo is removed, the United States’ image will be significantly marred by the poorly planned actions of an unethical president.
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10 Comments
Guantanamo Bay can never be seen as constitutional – where the Rule of Law ceases to exist then not only does the constitution (written and unwritten) cease to exist with it, as does any semblance of civilization.
Society is held together with a social contract, it is this contract that gives the ‘powers’ the authority to govern. Activities such as (and this is not the only example) Guantanamo Bay – destroy the social contract that binds us to our ‘leaders’.
Like this one fresh and in relation to your opinion on it.I agree with you totally. I do believe that President Barak Obama has a correct vision for making good humanitarian decisions.Guantanamo should have never existed. Good work Fresh Writing.
Once again my Irish Blessings.
How can we call ourselves “civilized” when we allow this kind of torture?
In triplicate. The whole post 9/11 bit was scarier than the towers–and that was plenty bad enough.
I couldnt with you agree more . The nation under threat policies have been used to carry out many civil atrocities and the terrorism act in this Britain is frighteningly flawed. 1984 is finally here.
It can’t be justified, and those that try to are forgetting the very basics of why the U.S. as a country was started in the first place.
Thanks,
clay
Very true Fresh, torture of any kind is heinous and state-sponsored torture is far worse simply because those who mandate it to be wrong actually practice it! No matter what the reasons it cannot be justified!
-manya
Hi Fresh,
You know that I respect your writing and your opinion. I have always said so. However, I am going to have to disagree with you on a couple of points here.
First, I do not believe in torture that causes pain or perm damage. However, in my opinion, mental, physical or emotional anguish (to save lives) is not crossing the line.
I do not believe that waterboarding causes any sort of perm damage or actual physical harm. I see it this way- every criminal in a US prison will tell you that it is torture to be put in a 8×8 cell and only allowed daylight one hour a day. But, does that mean that we should open a ritz for criminals so that they arent “uncomfortable” ???
Waterboarding leaves no scarring, perm injury, or even pain. It is all about fear. I see nothing wrong with using fear to gain information that will save hundreds to thousands of lives.
Aside from the way one feels about the tactics used, Obama and his allies do not have any plan when it comes to closing GITMO. They all say that it will close, but when asked what will become of the people there, they do not have an answer. You bring them on US soil, and bam!! They have the same rights that they hate and want to destroy, but are willing to use and manipulate to free them so that they can return to planning how they will blow it up. When Obama comes up with a viable plan to hold, interogate, etc.. these people without GITMO, then I will listen. Until then, he and his cohorts sound ridiculous saying “we are closing it, but have no idea where to put them.”
Whether Guantanamo is unconstitutional or not is completely irrelevant though. The constitution stopped being a guideline to our country a long time ago. If people have the right to bear arms, why is there a need to register, or so many issues with gun ownership? It’s constitutional to own a gun, isn’t it? Speech is still free, right? Well, how many times on the news do you hear about someone being fired as a cartoonist or writer because someone thinks their ideas are a bit harsh, or might sound racist (whether they were intended that way or not). I hear it quite a bit.
Anything not specifically named in the constitution as federal rights are given to the states as responsibilities. Well then, why is the federal government so involved with education? It SHOULD BE the states’ responsibilities to provide and pay for education, but more often than not, we find the opposite to be true.
It’d be nice if anyone in power would use the constitution as the ten commandments of the government, but no one wants to. It’s much easier to worm their way to the top ignoring these facts. America kinda lost it’s name as the land of the free and the home of the brave a while back, and became the land of the corrupted, and the home of the rich. Just look at the failing economy. All caused by stupid decisions made in greed….
Waterboarding is wrong. It’s easier to catch bees with honey than vinegar. We learned this in WWII when we treated Japanese captured personnel like our own. They were grateful, held ranks, were respected, and yielded tomes of information. Which helped us information-wise in making clear decisions. To the nay Sayers, I ask how many countries have you been in? Me? 29.
Five continents, 29 countries, and my own country still makes me facepalm…
Will