Comment Re:This isn't the EU. He's going to win. (Score 1) 314
The situation with Guantanamo Bay is also clearly unconstitutional. It's right there in the word "constitution": that document defines how the nation-state (or confederation, if you prefer the legal fiction that the individual states are nation-states) is made up, what it consists of. The essence of the nation-state is geographically invariant: what varies with geography is how much authority it has to impose its essence. The argument that the US constitution doesn't bind the actions of the US outside its formal borders is nonsense, and to apply that argument to a place which is undeniably de facto under US jurisdiction is enhanced nonsense.