Does the U.S. Constitution protect non-citizens and foreigners? i.e.is torturing ok if we get reliable results

Question

Does the U.S. Constitution protect non-citizens and foreigners? i.e.is torturing ok if we get reliable results

Answer 1

The protections of the Constitution are available to all people legally here in the US, and even to ones here illegally.

But the detainees at Guantanamo Bay are military prisoners, captured during military conflict in areas of military operations overseas. Military prisoners have never had access to the protections of the US Constitution, because they have special status, and are protected by the Geneva Convention, if they are eligible.

The protections of the Bill of Rights are applied to people being held in the criminal justice system, not in the military detainee system.

So, the protections of the Bill of Rights are NOT afforded to military detainees, and they never have been.

It kind of makes your reference to torture a tad ill-informed.

Answer 2

Except for the privileges and immunities clauses, the Constitution protects people and persons, not merely citizens, and the Framers never opined otherwise. They knew the difference between "citizens" and "persons" and they chose their words purposely.

Answer 3

The Constituition has not been put to that use but The Geneva Conventions still apply and it is against The Geneva Conventions to torture prisoners.

The U.S.  and most countries have signed on The Geneva Conventions.

Answer 4

Of course it does, the constitution applies to all people in this nation. Their national origin does not matter.

Answer 5

No, it only protects Americans. It is in the papers that the founding fathers wrote.

Also, the Geneva ConventionS does not cover terrorists (illegal combatants, enemy combatants, belligerent combatants, enemy aliens, etc). Through the last 2000 years of law, fighters that fight with no loyalty to any nation have had no rights. (The Romans called those fighters the latin term "Homo Sacer")

The geneva conventionS only covers prisoners of war.

The best answer for this question has more information but it lacks detail about ancient law.

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