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Re:Gitmo Is Killing Me by rayiner on Monday April 15, 2013 @10:15AM (#5551564)
That's in the Declaration of Independence not the Constitution. The former is high prose. The latter is a legal document. As a legal document, it cannot purport to give rights to people outside of its jurisdiction.
Re:Gitmo Is Killing Me by Zak on Monday April 15, 2013 @11:26AM (#5551983)
The Constitution does not purport to give rights to anybody. It declares that certain things are rights and prohibits the US government from violating them.
Re:Gitmo Is Killing Me by rayiner on Monday April 15, 2013 @11:49AM (#5552126)
You're confusing the declaration of independence, a fluff document, with the Constitution, a legal document. Fluffy language aside, in the Anglo-American tradition, rights derive from legal documents (or precedents), and the right to habeas corpus or a jury trial derives from the Constitution and is circumscribed the the territorial jurisdiction of the Constitution.