[Marxism] The Slavery Amendment and the Guantanamo prisoners

[Brian Shannon <Brian_Shannon@xxxxxxxxxxx>]

13th. Amendment
to the U.S. Constitution

Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their
jurisdiction.

Section 2. Congress shall have power to enforce this article by
appropriate legislation.
_____________

Article 1, Section 9, Clause 2:

The privilege of the writ of habeas corpus shall not be suspended,
unless when in cases of rebellion [an internal occurrence] or invasion
[external] the public safety require it."
____________

When thinking of the legal rights of prisoners in Guantanamo, it is the
writ of habeas corpus that is most commonly referenced. Its importance
as one of our freedoms is indeed very striking, for it is the only
"right" that is actually part of the original Constitution rather than
the 10 clauses of the original "Bill of Rights."

However, no one ever thought that any sort of confinement would, in any
case, be for very long. Even the phrasing of the habeas corpus clause
implies only a "suspension." Excluding scientific use of the word
involving liquids and the holding of something, "suspension" means
"temporary" or "interruption." It certainly does not mean three years
as at Guantanamo.

Notice also that the constitutional description also implies that
"suspension" of habeas corpus must be done by some sort of formal act.
I am unaware of any such act or finding or declaration for U.S.
prisoners at Guantanamo. Perhaps the reason for this is that the
government lawyers would have to deal with the "temporary" character of
the "suspension" of habeas corpus.

However, an even more powerful legal case might be made for the 13th
Amendment, the amendment that outlaws slavery. The words are an exact
fit for the prisoners at Guantanamo. There is "involuntary servitude",
"duly convicted ... for crime", and "any place subject to their
jurisdiction." However, one may describe the legal status of the U.S.
occupation of Guantanamo Bay, there is no doubt that it is "subject to
[the United States] jurisdiction."

from Brian Shannon

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