Who is Constitutionally Responsible for treatment of prisoners held by the US?
By ParaTed2k
@ParaTed2k (22940)
Sheboygan, Wisconsin
October 17, 2011 1:44pm CST
Rules and Regulations concerning the treatment of people captured in US wars is not the responsibility of the President of the United States. That responsibility is enumerated to Congress alone. Therefore, when members of Congress (and the people of the US) blame Bush for anything going on at GITMO are either ignorant, or just can't get themselves to place the blame where it belongs.
U.S. Constitution, Art 1, Sec 8, Para. 11.
http://www.law.cornell.edu/constitution/articlei#section8
1 person likes this
3 responses
It is not just that they do not know...It is a case of I~Don't~Give~A~Damn!
@TheMetallion (1834)
• United States
18 Oct 11
So... when Bush as Commander-in-Chief authorized torture and other atoricites at Gitmo, he was only following the orders of the Republican controlled 2002 congress? Are you really, really sure that's the position you want to take? I ask because I really don't think that defense leads where you want it to.
@ParaTed2k (22940)
• Sheboygan, Wisconsin
18 Oct 11
I'm not defending anything or anyone. My position on alleged crimes committed by any elected or appointed officials hasn't changed.
Let the investigations happen, and may the legal and political chips fall where they may.
I'm simply pointing out that nowhere in the Executive Branch section of the US Constitution does it authorize the President (Or anyone in that branch) to make policy or rules for the treatment of those captured in our wars. However, the passage I cited makes it pretty clear that that authority DOES belong to the Legislative branch.
While the President is the Commander in Chief of the US Military, Congress is given authority to make rules for the military, as well as for the treatment of captured individuals. This works well with the concept of "Separation of Powers", and keeping our military out of the hands of any one person or branch.
