by Chris Leahy

Created on: April 17, 2009

Is Guantanamo Bay unconstitutional? The answer is an indisputable YES.

It is not even a matter of personal opinion but a state of fact. Both the Constitution and the United States' laws and policies clearly emphasize that a prisoner cannot be tortured in any way. Guantanamo Bay seems to have slipped through that law due to America's post-9/11 paranoia, but the fact remains the same: it's UNCONSTITUTIONAL.

It misrepresents America for what it is supposed to be: the land of the free and the land of the brave. We're supposed to be that nation that is not brought down by corruption or desperation, but stands with a unique purpose and authority. Bush's determined spirit to torture prisoners in Guantanamo (e.g., water boarding) violates humanitarian rights and prisoners' rights, which is exactly why Barack Obama signed the paper closing Guantanamo within a year on January 22, 2009.

Bush covered up Guantanamo with ambiguous language, trying to make Guantanamo appear as something that safeguards American citizens from the horrors of terrorism. Bush tried to make Guantanamo appear as something good, something that would protect America from another 9/11.

It is unfortunate to say that he did not address the countless controversies that would arise because of his unconstitutional decision. Countries such as China, Switzerland, Britain, and Russia have all questioned Guantanamo's effectiveness and necessity. Many of the prisoners were taken in to Guantanamo under the presumption that they were guilty of crimes against the United States and other.
Many, however, were released in 2008 after they were found innocent.

The removal of Guantanamo Bay will improve America's
image, which has significantly deteriorated over the years. With the economy slumping and job unemployment on the rise, America does not have a role-model image, nor will it for many years. But with Guantanamo Bay gone, it will hopefully restore its once respected face, one many nations once wished to imitate.

Interrogations of suspected terrorists in Guantanamo lead to "harsh" interrogation, which gradually became water boarding, which gradually became classified as torture. As a democratic nation, prisoners are granted certain rights such as the right not to talk until their lawyer is at their side, and, if they are under 18, their parents as well. CIA interrogators, however, just went straight into water boarding, which is the process of simulated drowning. A mask is placed over your face, and you are submerged in water for minutes at a time. A grate is placed over where your head is underwater, and so you experience a "real-life" imitation of drowning. Naturally, this is enough to make any detainee panic.

The United States is supposed to be better than this. It is supposed to be the symbol of hope and freedom, not of drowning and malicious behavior. It is supposed to show the world what a nation can be, that it CAN have revolutions, and succeed, and develop its own system. It is supposed to represent something unique.

Guantanamo Bay was not only unconstitutional, it was wrong. It was wrong from the beginning when Bush opened up the location in Cuba, and still is today. Until Guantanamo is removed, the United
States' image will be significantly marred by the poorly planned actions of an unethical president.

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