The current government's extremist attitude toward terrorism has led us to desert some of our most fundamental principals.
The US government does not have the right to incarcerate foreign nationals suspected of terrorism with out formal charges or the advice of an attorney.
Today’s culture is centered around fear. The amount of crimes reported on the nightly news in recent years has increased 90%, while the actual crime rate has gone down. Gated communities, safe rooms, and security devices grow with popularity each time the “terror alert” is raised from orange to red (will find actual sources for these assertions). And no one feels the grunt of this paranoia more than a foreign national suspected of terrorism. Since the days of 9/11 merely uttering the word terrorist will earn you suspicious glares. This extremist attitude toward terrorism has led us to desert some the most fundamental principals of the country, specifically the US constitution and the Geneva compact. The government should not treat all suspected terrorists as if it was them who drove a plane through a building, but maintain the high standards of equality and diplomacy that the rest of the world follows by example.
The unconstitutionality of holding individuals without formal charges or advice of an attorney.
The writers of the constitution made no specific reference to the treatment of foreign nationals suspected of terrorism. Possibly because severe punishments would be a sore subject to men who, not two years before, could be considered terrorists to the English crown according to the definition, “terrorism: the unlawful use or threat of violence esp. against the state or the public as a politically motivated means of attack or coercion” (dictionary.com). The constitution declares each person shall have “equal protection of the laws“. And protection under the law means right to an attorney and a formal charge. Is there a part in the constitution that says only US citizens are equal or that we are free to dole out the equal protection on whom we see fit?
After WW11 leaders around the world met in Geneva to establish a set of conventions for the treatment of prisoners of war. Including the clause which prohibited “the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.” Turning our back on the Geneva Convention, or rewriting the rules sets an incredibly bad president for other nations to follow.