However, the author is dead wrong to suggest that the process of military tribunals "began" in 1942. Such have been used in every war America has ever fought, beginning with the American Revolution before, of course, the Constitution existed. General George Washington used such a process to try, convict and hang Major John Andre, the British handler for the intended treachery of General Benedict Arnold.
The law of war is far older than the United States of America. History tells us that there is nothing new about captured enemies and how they are properly treated.
John / Billybob
John -- As an astute North Carolinian, do you think Edwards can deliver your state to Kerry?
Thanks.
I think captured terrorist should be treated as pirates. Pirates were traditionally shot on sight like vermin without any trial or pretense that they had any rights under the US or any other constitution. Furthermore, the US Constitution specifically provide the Congress to pass laws to punish piracy and "Offenses against the Law of Nations". This power is listed well before the bill of rights.
Article I.Section 8
......
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Hi Congressman Billybob. How is your run for Congress going?