February 28th, 2011 18:45 EST
US Servicemen Deserve Their Constitutional Rights That They Die For
Convicted rapists and murderers are given protection from human experiments by the U.S. Constitution`s Bill of Rights, Amendment Eight. In 1992 the U.S. Senate signed and ratified the United Nation, International Covenant on Civil and Political Rights (ICCPR). Its 1994 Index, ... Article 7 - Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment. notes that, Written policy and practice prohibit the use of [prison] inmates for medical.....experiments. Nineteen (19) times cited are the U.S. Constitution plus its Eighth Amendment`s no cruel and unusual punishment.
The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given. Then, During the last 50 years, hundreds of thousands of military personnel were subjected to experiments that were designed to harm, i.e., the 1994 U.S. Senate Report`s biological and chemical agents, radiation exposure, hallucinogenic and investigational drugs, experimental vaccines and behavior modification projects. In 2011 still ignored is this and their also noted past and present, "III.
Findings and conclusions", "K. DOD and DVA have repeatedly failed to provide information and medical followup to those who participate in military research..." and "N. Participation in military research is rarely included in military medical records, making it impossible to support a veteran`s claim for service-connected disabilities from military research." This is the withheld needed for diagnosis and treatment but experiment identifying evidence. In 2005 some in Congress made an attempt to get the biological and chemical portion of this withheld needed for treatment evidence, e.g., H.R. 4259 the Veterans` Right to Know Commission. It died! Underlying this Senate Report is the General Accounting Office (GAO) Sept. 1994 U.S. House Report, Human Experimentation Overview on Cold War Era Programs !
In the U.S. Supreme Court`s 1950 Feres case a death due to a 1947 Army barracks fire was determined to be an incident to service ". In the U.S. Supreme Court`s 1987 STANLEY a DOD 1958 to harm " drug experiment is swept under the same cover of "injuries that `arise out of or are in the course of activity incident to service. " FIFTY (50) TIMES it cites the Feres Doctrine. Not once mentioned is the U.S. Constitution`s Bill of Rights, Amendment Eight! Thereby, incidentally lost are those U.S. Constitutional Rights that convicted rapists and murders keep! Overlooked by many in Congress is their Oath of Office to defend the U.S. Constitution, our Pledge of Allegiance with liberty and justice for all", their U.S. Constitution Eighth Amendment protection of convicted rapists and murderers  with the U.S. Supreme Court`s ignored, carved in stone over its entrance, EQUAL JUSTICE UNDER LAW!
It is now a from 1944, 67 years of U.S. Congressional talk with no Feres Doctrine  and its STANLEY  to harm correction. During the 1994 reported past, hundreds of thousands of the "to harm" service records were destroyed in a 1973 National Personnel Records Center (NPRC) fire. Then Congress`s 1974 Privacy Act censored experiment verifying witnesses from any surviving and future records!
As in the GAO and U.S. Senate`s reported past, these military research  incident to service  activities are conducted under the ongoing secrecy cover of our `national interests`, e.g., WWII, Cold War, Korea, Vietnam, Gulf War, Iraq and Afghanistan. Do not the U.S. Senate`s stated Department of Defense (DOD) EXPERIMENTS THAT WERE DESIGNED TO HARM  continue? Please hold your members in the U.S. Congress accountable for giving back to those that serve their Constitutional Rights!
By David Marshall
 1950 - Feres v. United States, 340 U.S. 135, 146 (1950). http://supreme.justia.com/us/340/135/case.html
 1987 - U.S. SUPREME COURT, JUNE 25, 1987, U.S. V. STANLEY , 107 S. CT.. 3054 (VOLUME 483 U.S., SECTION 669, PAGES 699 TO 710). http://supreme.justia.com/us/483/669/case.html
1994 - U.S. State Dept., "U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7 - Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment. " See Index of 1994 International Covenant on Civil and Political Rights"
 1994 - GAO September 28, 1994 Human Experimentation Overview on Co1d War Era Programs " [PDF] T-NSIAD-94-266 archive.gao.gov/t2pbat2/152601.pdf
 1994 - December 8, 1994 REPORT 103-97 "Is Military Research Hazardous to Veterans` Health? Lessons Spanning Half a Century." Hearings Before the U.S. Senate Committee on Veterans` Affairs, 103rd Congress 2nd Session.