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Prometheus 6

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The Gitmo Decision as Typical American History

We like to think all citizens of the United States of America are guaranteed certain civil and human rights. Unfortunately, that guarantee is subject to the vagaries of human judgment. At times of national crisis this nation has always reduced the protections we are "guaranteed" by law. In fact Justice Scalia has said in wartime, "the protections will be ratcheted right down to the constitutional minimum. I won't let it go beyond the constitutional minimum."

It is expected. There is historical precedent for it. Unfortunately, in every case the historic precedent has been that the impositions were deemed unnecessary and, in most cases, unconstitutional after the fact. The first such case was the Alien and Sedition Acts which passed in 1798. The threat was a French-backed navy of privateers operating in the area around the West Indies which was threatening the expanding U.S. merchant shipping force. The Act allowed the President to order

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