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Just when you thought....

 this Administration had run out of spitting on our Constitution...

November 19, 2009

Miranda Rights on the Battlefield Unconstitutional?

Mark J. Fitzgibbons

Soldiers have been ordered to issue battlefield Miranda rights to captured enemy combatants.


The administration, though, is in a pickle. Even if enemy combatants were issued Miranda rights on the battlefield, were they issued consistent with the Constitution?

Under Article I, Section 8[11] of the Constitution, only Congress is authorized: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."

If the Miranda rights were ordered by the administration without congressional authorization, are they unconstitutional?

Eric Holder had better identify explicitly the congressional authority, otherwise this may be yet another way for terrorists to escape justice under Article III courts.

(American Thinker)

 

Comments




  • well then i guess we have to make sure no one ever is capturied


    shoot to kill and then some extra to make sure


    eric holden is a freaking moroon

    OLDIEBULLDOGGIE, 4 months ago | Flag

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