There is a great debate in the United States over whether or not terrorists have the same rights as American citizens, or even if terrorists have any rights under the Constitution at all. President Bush has maintained that captured terrorists are enemy combatants, and do not have the rights an privileges guaranteed by the Constitution. Bush is so adamant that terrorists do not have rights under US law that they are imprisoned at Guantanamo Bay, where Cuba technically has sovereignty even though the United States has effective legal control.
Another popular claim is that captured terrorists are actually prisoners of war. Prisoners of war do not typically get to challenge their detention and so captured terrorists must be held until hostilities have ceased.
Some even go as far as claiming that not even illegal immigrants have rights under the Constitution, because the Constitution only applies to American citizens.
There are several flaws in these claims. I’ll address the first one in this post and cover the others later. First, let’s evaluate the notion that non-Americans do not have constitutional rights. If one reads through the Constitution it becomes apparent that all references to “citizens” in the Constitution have nothing to do with the rights of the people. Most references are rules as to how one can participate in the political/election process. In fact, the Bill of Rights makes no distinctions between citizens and non-citizens.
Consider this: How can we be sure of our government’s claims that a suspected foreign terrorist is indeed a foreign terrorist until that person has had a fair and impartial trial to determine his status? What is to prevent an American citizen from being arrested, detained, and accused of being a foreign terrorist? That person would have no way to confront his accusers and prove his innocence.
This leads me to my conclusion. In truth, the Constitution does not apply to non-Americans. It doesn’t even apply to American citizens. The Constitution is a contract between the federal government and the states, and thus applies to the federal government. The Constitution itself is a list of rules and powers of the federal government. It is specifically enumerated and if it isn’t listed, the government isn’t allowed to do it. The Bill of Rights is a list of things the federal government may not do. Nowhere does it make an exception for non-citizens, terrorism, etc.
Indeed! And, do we not “hold these truths as self-evident, that all men are created equal, and are endowed by their Creator with certain inalienable rights, and that among these are life, liberty and the pursuit of happiness”?
“All” is surely a broader set than U.S. citizens! And their Creator is surely not a gift-giver whose giving is limited to those of a certain national pedigree!
YOU GOT TO BE KIDDING ME. That question doesn’t even deserve an educated answer. If you can’t figure that one out, you need to leave the country. In fact, if you are not a citizen of this country at this stage of the game, you need to leave as well. This shit has gotten out of hand alotgether.
David, thank God we are free to disagree. But I wonder if you are overlooking a cornerstone of American history, and of what it means to be an American:
“That question” has always been hard to answer. Americans have struggled with it from the beginning - for, at our beginning, citizenship extended only to a minority (white, land-owning males), while rights were assumed to be much broader. If patriots hadn’t struggled to understand it, citizenship would still be only for rich white Protestant men.
“That question” has taken America’s best minds to work through this far, as America wrestled with rights of non-landowners, of non-males, of non-whites, of non-Protestants - all of whom were initially ineligible for citizenship, but the Constitution eventually came to their defense.
I declare Monte to hold the superior arguments over David’s ignorrant comment and hence declare Monte to be the winner of the debate.
The constitution has been stomped all over and ignored from the lowest to the highest of courts in our land. You say these people should have constitutional guarantees - our own citizens do not have constitutional guarantees. It is a sad state of affairs but it happens daily in courtrooms across our country. Do you know that even some of the lowest courts hold secret proceedings and determine guilt behind closed doors without the defendants knowledge? It is happening today. Our courts and judicial system are a mess, our constitution means nothing. Everyone is so upset about what is happening to these prisoners - what about our own people in our own courthouses throughout america. The Bill of Rights is not followed, the Oregon Constitution is just as ignored as the U.S. Constitution. It is ridiculous to think of justice anymore, it is non existent. Are you aware that a judge can do whatever he wishes including go against the Laws of his state, the constitution of the Unites States and his own state with no reprocussions. Maybe we should start at the bottom and work our way to the top in order to revamp our judicial system. At this point with no control in the lowest of courts how can anyone reason there would be controls in the higher courts. With no protection granted to our own citizens under the constitution why would you decide that foreigners be treated any better?
you guys are all stupid. the constitution was written by a bunch of gays and that is all there is to it.
i still dont know teh answer to who it APPLIES TO!!!!! arent websites supposed to HELP youz??? jeez!!! u people goota put the right shit on uur site
go die.
we all live in a yellow submarine!!!!11 i
chheeeeeeeeeeeeeeeez i luvvv cheeeeeeeeez and im in luv w/ DAVIDDDDDDD!!!!!!!! im in the shower, wannacome ??
yo krista and angie!!!! rite us!!!!!
so davidd!!!!! i kinda need u 2 call me!! my number’s 792-0271. ask for sara. i wanna c u
ummm sara? are you sure that is apropriot expecially considering your NOT even the original sara and DUCE was the one who said it?
yay the sara imposter is gone!!!!!!!! by the way dave, i was JUST KIDDING=] (actually i wasn’t until u came to my house and i saw your face) but anyways i still luv you, but like a pet fish xoxo buh-bye
wow nathdaniel is my true love (sry douglas)
thank you soo soo much fraudwasteabuse for this splendid article on to whom the constitution applies to. it was amazing you are now my hero. i think i am going to write an essay about u someday b/c you are just SO unbeleiebly smart it kills me. Thanks to u i have a reason to live. you fraud waste abuse are the MUSIC IN ME!!!!
thank you soo soo soo much fraudwasteabuse for this splendid article on to whom the constitution applies to. it was amazing. you are now my hero. i think i am going to write an essay about u someday b/c you are just SO unbeleiebly smart it kills me. Thanks to u i have a reason to live. you “fraud waste abuse”, you are the MUSIC IN ME!!!!
Your conclusion has some merit, but the 14th Amendment extends Constitutional protections to, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof,” So, while the Constitution was originally, as you said, applied only to federal matters, the 14th amendment changed all that and basically extended the protections to anyone on US soil.
hello billllll
i like a man who knows his stufffffff
yummyyyyyyyyyyy.
so do i. its quite great knowing men out there still take the time to educate themselves. its quite tasty. im geting hungry just thinking about it. not really tho. i actually think that baby blue is strange for tyoing that. freak!!
hi guys. i
uhmm my last reply didn’t come out right. but i was asking for help on my next project, about the effect gold fish have on polution. thanks
ok so jessica to help you out a little - - gold fish contribute to polution because they poop in the water!! duh!! isn’t that anobvious one? my goldfish poops about 5 times a day…one day i counted, thats how i no. also jessica, gold fish dont eat all thier food and that also makes a stinky mess. i hope that was good enough to help you ! byeeeee
-horn dog
damn
shit
fuck
they are all bad words…..but why ???
hi johny blue
shit is a bad word because it means poop.
damn is a bad word cause its a knock off on beaver dam.
fuck…. thats just a dirty word…..im dirty2. very dirty
damn is not a knock off on beaver damn retard it means to be sent to hell