Overseas Prisons

[Bob Sheridan]

Or why not on the Moon, once we get our moon program back in gear; or 
Mars, since we have robot vehicles there.

My guess is that there is either no restraint on Congress, the Courts, 
or the Executive in sending prisoners away (Britain transported theirs 
to Australia), OR, alternatively, the founders presumed that they were 
writing for this country, not some other world.  I do note that we have 
two non-contiguous states, which, it seems, eliminates arguments based 
on non-contiguity alone.

Perhaps if transportation is deemed to be cruel and unusual we'll have 
to take them back...

rs

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