“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights….”
-Thomas Jefferson, United States Declaration of Independence
Today, the U.S. Supreme Court in a 5-4 vote
ruled that detainees at the Guantanamo Bay detention facility have the right to challenge their detention in federal court. In a dissent authored by Justice Antonin Scalia, the minority stated that the “nation will live to regret what the court has done today.”
The subject of the rights of military detainees has been a political hot-topic for some time now. The rights of illegal immigrants have also come up in different contexts. This idea of the rights of Americans versus the rights of everyone else in the world is one I find personally challenging. Do I really believe that all men are created equal and have certain rights that are given to them, not by other men, but by God Himself? If so, what are those rights?
I have to think that rights like due diligence of the law and medical care are rights that, if given to one, must be given to all. If the U.S. is going to stand by these beliefs, we should be fighting to give these rights to everyone we can. Obviously our government cannot provide these rights to citizens of other countries, people who are under the authority of foreign governments. But once they are on our soil or in our custody - once they are in our care, for whatever reason - who are we to say that these rights still don’t apply to them? If we provide the right of a trial by jury to a criminal in Omaha, why do I not have to provide that same right to an alleged enemy combatant captured in Iraq? If I have to provide basic medical care to the homeless American citizen, how can I then deny it to a Mexican immigrant, just because he’s a Mexican immigrant? Where does it say that a person’s nationality, or actions, or belief system, determines whether their Creator endowed them with His unalienable Rights?
It’s not an easy concept. But I believe that everyone has basic rights, and that Man is not wise enough to determine who should and should not have access to those rights. Those detainees deserve a trial by jury, not because they’re guaranteed it in any constitutional sense, but because they’re human beings, and all human beings deserve a fair shot at proving their innocence, even the terrorists. The illegal immigrant deserves basic medical care, not because my Congressmen voted a certain way, but because the immigrant is a human being, and we are charged with caring for our fellow human beings.
I know I’m being naïve in some of my statements. The issues of how we provide social services to millions of illegal immigrants or how we maintain our security while providing fair treatment are not simple to solve. But it’s not enough to just say we won’t do it. We can’t say that. Those Rights are unalienable for a reason.