Overseas Prisons

[John Parry]

Re: (Darryl) Levinson thesis (continued)As a matter of federal constitutional law, what stops the federal government from outsourcing prisons to other countries?  That is, if the federal government decided it would be cheaper to house prisoners (citizens or not) in Canada, or China, or Chile, would anything in the Constitution prevent that move?

Assume, also, that Congress designates the federal district court in the district in which the prisoner was tried as the place in which any habeas or 1983 claims could be filed by the prisoner, and that prisoners would be returned to and released in the US upon serving their sentences.

Is there an obvious legal answer?


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John T. Parry
Lewis & Clark Law School
503-768-6888
parry at lclark.edu
http://ssrn.com/author=68608
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