Why Aliens Are Not Protected By The U.S. Constitution
Non citizens are challenging a recent la enacted to fight terrorism. It gives law enforcement the power to apprehend Aliens and put them in detention indefinitely a detention they can not challenge in civilian courts. The executive branch defends the action stating This action is clearly constitutional as the Preamble states the U.S. Constitution was established to “secure the blessings of liberty to ourselves and our posterity” and Aliens do qualify.
The Fourteenth Amendment may be construed as protecting Aliens in some cases as it does state “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law” and “any” may be all inclusive. The context of the very sentence that ends with those words is talking about citizens for it starts off “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”. Even if you take the broad interpretation the Aliens are still allowed due process as their status is tried before a military court. There is nothing that says the due process needs to be the same due process and we know different due processes are allowed for citizens and military personal.
Since the attack on 9/11 was an attack on the United States the conditions for the suspension of habeas corpus have been triggered and it is up to Congress to decide whether or not to suspend it even for citizens as it is written in Article 1 Section 9 “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”.
Some may say this law should of not been passed or should be revoked and that is their opinion and they should use the regular legislative process in order to attempt to do so. This is not a job for the court system and any court that attempts to so is violating the separation of powers that is written in the U.S. Constitution and so violating their constitutional oath.
Source 1 is about challenges to detention
The Fourteenth Amendment may be construed as protecting Aliens in some cases as it does state “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law” and “any” may be all inclusive. The context of the very sentence that ends with those words is talking about citizens for it starts off “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”. Even if you take the broad interpretation the Aliens are still allowed due process as their status is tried before a military court. There is nothing that says the due process needs to be the same due process and we know different due processes are allowed for citizens and military personal.
Since the attack on 9/11 was an attack on the United States the conditions for the suspension of habeas corpus have been triggered and it is up to Congress to decide whether or not to suspend it even for citizens as it is written in Article 1 Section 9 “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”.
Some may say this law should of not been passed or should be revoked and that is their opinion and they should use the regular legislative process in order to attempt to do so. This is not a job for the court system and any court that attempts to so is violating the separation of powers that is written in the U.S. Constitution and so violating their constitutional oath.
Source 1 is about challenges to detention
posted by Kerwin | 10:39 PM
3 Comments:
The whole argument is ridiculous. (not yours, theres) The Constitution and the rights it protects are for Americans. Period.
I also think its hilarious that most people who support amnesty do so by declaring we need the workers. These same people attack the Bush administration for the lack of jobs. So if there are no jobs, why do we need the workers?
The Democrats and their liberal supporters are well known for having contradictory values. The deplore racism in prison because the proportion of Blacks is greater than the proportion of Whites and then have no problem with three times as many Black children as White children being deliberately and arbitrarily killed through abortion. They neglect to mention that Black criminals tend to prey on Black victims and so allowing those criminals back out will cause victimization in the Black community.
hi there!..I just found some old old comments from u on the blog I used to use on Blogger!..lol..thanks for the visits..I have been on my new domain for some time now..nice writing here!..:)
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