Joe Biden in reference to the closure of Guantanamo, "There's no question it has to be closed. And we don't think it's inconsistent to deal with our national security and our Constitution."
I have provided a link to the constitution here: Constitution
I think it is safe to say that the constitution is meant mostly for US Citizens. The only place in the constitution where "No person . . ." is mentioned that might apply to this is in the 5th Amendment, though I would argue that the amendment is still up held as there is a stipulation that they may be tried without a grand jury in the case of War . . . or PUBLIC DANGER.
Thought you had me there didn't you? "The war on terror is not an actual war!" Well, that is why the people that wrote these documents are so smart. They actual made that stipulation there. It doesn't have to be in times of war, it can also be in times of public danger.
Regardless of what you might think of what is going on at Guantanamo, it is not a 5th Amendment issue.
Might you have me again? "Nick, the 8th amendment says . . ." Re-read it. Seriously, read it. It actually says, "cruel and unusual punishment". I would argue that any interrogation techniques are not punishments, that is why they are interrogation techniques and not punishment techniques.
Again, whatever you think about what is happening there, just keep in mind that this isn't an 8th Amendment issue.
My point is, Joe Biden is not the Constitutional Scholar some people might think he is when he makes a statement like that.
Maybe it needs to be rewritten, starting with the preamble.
We the people of the United States, in Order to form a more perfect Union, establish Justice, insure GLOBAL tranquility, provide for defense of everyone, promote the welfare of all persons, and secure the Blessings of Liberty to the world and the worlds posterity, do ordain and establish this Constitution for the United States of America, and any other country we see fit to include.