Doug on February 9, 2010 at 8:17 PM writes: Regarding those who say "Constitutional rights are not automatically granted to anyone who attempts to enter our nation,"..... A person who would make a statement like that obviously knows nothing about the Constitution.... The document plainly in clear and simple words that human rights apply to everyone, not just citizens.
Yes and no Doug. The US Constitution recognises, as does US settled law going back to 1776 (until the insane Boumedienne decision of 2008) only two forms of US justice. Full rights under civilian trial or lesser rights under military justice in times of war or great public distress.
US law never gave enemy combatants, let alone terrorist combatants who are prima facie planning or committing war crimes ( deliberate attacks on US civilians) full constituional rights - but it does give them to peaceful Jose who jumps the border from Mexico, or even criminal Franco who illegally comes from Italy and commits civilian murders in the USA.
The Constitution and the law make a distinction Doug and many others fail to make. War is war and peace is peace. Obama says we are at war with ALQ and the Underwear bomber was sent by ALQ to commit war crimes on US territory.
In WW2 when Hitler sent Nazis to land by sub and commit sabotage on US soil, Roosevelt had them all before a summary Military Commission and ( save two) executed. When the Supreme Court made noises they might object, Roosevelt sent word he would execute them anyway as CIC.
In the Civil War, Lincoln suspended habeus corpus.
The Nuremburg Trial was a modified Military Comission from which there was no right of appeal, and limited but fair rights for the accused.
If you think your human rights are infinite, I suggest Doug you join the military and star abusing your CO in public. Get a few other to join you too. See how fast your infinite rights of free speech and freedom of assembly evaporate and don't ask for a civilian lawyer, either! You won't get one.
Doug, you perhaps do not know the difference between war and peace and between a jihadi on a war crime mission and the guy who just mugged granny in the park. But the US Consitution and all US courts, since 1776 have. The sad thing is that unremitting LAWFARE by the left and international anti-Americans have totally hamstrung us in this regard. Enemies of the US are now mainstreamed and given F. Lee Bailey, a civilian pulpit and we get info out of them by plea bargaining.
Here is a plea bargain coming your way soon: "OK, if we give you shorter time for the 763 Americans you just killed in the NYC subway, will you Mr. Abdul/Mohammed/Said (whatever) speak to your lawyer as you may escape a heavy sentence if you strike a deal and tell us where that suitcase nuke we know is in Boston has been placed."
Here is another: US forces capturing ALQ in Yemen or anywhere can't interrogate them, even if their own units might suffer further losses, until they are Mirandized and have a lawyer flown into base for them.
A Supreme Court justice once said the Constitution is not a suicide pact. But Doug and others, well meaning as they may be, are making it one.