Originally posted by Christoph
Blackrose, I agree with what you said, but . . .

Originally posted by blackrose
...and punishing him in any way other than in a normal humane way would violate the cruel and unusual punishment part of our constitution...

The Constitution applies to American citizens only. Enemies of war and foreigners can not be considered as under its protection. During World War II, Nazi spies and saboteurs found here in America were executed promtly and efficiently. They were not afforded the rights of trial because they were not US citizens and were our sworn enemies.

Quote from The Declaration of Independance:
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

More specific to the point of the Constitution, you might want to re-read Ammendments IV-VI, and VIII. Terrorists are not spies, nor are they soldiers. That means they fall into the category of criminals subject to criminal law. All people tried in the US are tried under the same laws.