They were responding to the numerous abuses that had occurred in England of unfairly accusing and prosecuting political enemies, under the pretense of treason, while denying the accused the rights of due process and counsel.
The bill of rights guaranteed U.S. citizens constitutional protection against the abuse of police power by the government. Two of our most fundamental rights granted under the constitution are the right of due process of law, and the right to counsel:.
Amendment V .
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. .
Amendment VI.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. .
During war, captured enemies are either lawful combatants, soldiers who adhere to such rules of war, in which case they become prisoners of war, or unlawful combatants. The U. S. government has decided that Al Qaeda and Taliban operatives fall into the latter category, and as a result have fewer legal rights than POWs and far fewer than criminal defendants.