| One of the most forgotten realities for people who | | | | contended that they were entitled to a hearing in the |
| travel abroad on vacation is that they do not realize | | | | U.S. courts to test the basis for their detention |
| their United States Constitutional rights do not exist | | | | before being turned over. |
| anymore. The right to counsel, unreasonable search | | | | The Deputy Solicitor General representing the Bush |
| and seizures, and self incrimination are not carried | | | | administration, told the justices that when U.S. citizens |
| with you in your luggage. | | | | go abroad, they cannot then come back to the U.S. |
| The laws of that country and the local laws of that | | | | courts to complain about their arrest and trial in other |
| jurisdiction rudely fall upon the U.S. citizen when least | | | | countries. |
| expected. For example, some countries will not let | | | | Justice Kennedy brought up if it was right to hand |
| you leave their country with your children unless you | | | | them over to a lynch mob. |
| either have both parents present or at least written | | | | Justice Antonin Scalia stated that "To say that the |
| permission by the absentee parent to travel with | | | | whole world has the protections of the U.S. |
| your children. | | | | Constitution is extravagant!" even though it was the |
| There are so many different laws and customs that | | | | U.S. forces that detained the American citizens. |
| it is imperative for one to learn it before entering | | | | Justice Scalia intimates that their U.S. protections are |
| that country. Particularly, if driving in that country, find | | | | still not warranted. |
| out the laws on using a driver's license from another | | | | This case has not yet been decided but it is only |
| country. | | | | hearing this case because the U.S. detained them. |
| The United States Supreme Court has recently heard | | | | Otherwise, if they were arrested by a foreign |
| arguments on a case that addressed U.S. citizens in | | | | country, they would be subject to that country's |
| Iraq wanting the U.S. to first hear their arguments. | | | | laws. |
| Two U.S. citizens, challenged their detention by U.S. | | | | Remember if arrested or detained, insist on talking |
| forces in Iraq. They entered Iraq after the war. One | | | | with the U.S. Embassy where they will assist you in |
| was a translator for journalists, and the other stated | | | | how you are treated and prosecuted. This is in |
| he was seeking reconstruction work. | | | | accordance with a treaty enacted in 1969 that |
| However, the U.S. claimed that they were terrorists. | | | | guaranteed foreign nationals access to diplomats |
| The U.S. military detained them so they could be | | | | from their home countries if they are accused of |
| turned over to the Iraqis for trial and potentially | | | | crimes. There are 171 countries part of this, also |
| execution. The men stated they were not guilty and | | | | called the Vienna Convention rights. |