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That argument is wrong, the constitution not only applies to US citizens while they are out of the US, but it also applies to people who aren't US citizens. "N

That argument is wrong, the constitution not only applies to US citizens while they are out of the US, but it also applies to people who aren't US citizens. "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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 laws"

CWuestefeld 9y ago
I agree that your statement is morally and logically correct. But from a legal perspective, it's quite false. SCOTUS has said that the government's need to ensure security at the border leads to a different balance of rights versus authority when you're near the border. (you should also ignore the fact that these rules put 2/3 of the US population "near the border" and thus having weakened protection over their rights) We can yell all we want about the clear meaning of the Constitution, but that doesn't stop the government from confiscating our stuff and throwing us in jail. For what it's worth.... There's a statement attributed to Abraham Lincoln, "The Constitution is not a suicide pact", which is taken to mean that we shouldn't be so dogmatic about the Constitution as to let it destroy us. I think the words of this statement are correct, but everyone interprets them backwards. It's not a warning, it's an affirmation. As Americans, we should be confident that our Constitution is not something that can harm us if taken too literally. It's not a pretty idea, a luxury that becomes dangerous if indulged in too much. Rather, the Constitution is, indeed, our strength. We should have confidence that things like the free market of ideas that our freedom of speech creates, or that ready militia made up of all able adults who exercise the right to bear arms can defend us from invaders or errant government. I believe that our freedoms are not luxuries that we should forgo when the government decides there's sufficient danger: it's holding fast to them that will deliver us from danger.

CWuestefeld 9y ago

I agree that your statement is morally and logically correct. But from a legal perspective, it's quite false. SCOTUS has said that the government's need to ensure security at the border leads to a different balance of rights versus authority when you're near the border. (you should also ignore the fact that these rules put 2/3 of the US population "near the border" and thus having weakened protection over their rights) We can yell all we want about the clear meaning of the Constitution, but that doesn't stop the government from confiscating our stuff and throwing us in jail. For what it's worth.... There's a statement attributed to Abraham Lincoln, "The Constitution is not a suicide pact", which is taken to mean that we shouldn't be so dogmatic about the Constitution as to let it destroy us. I think the words of this statement are correct, but everyone interprets them backwards. It's not a warning, it's an affirmation. As Americans, we should be confident that our Constitution is not something that can harm us if taken too literally. It's not a pretty idea, a luxury that becomes dangerous if indulged in too much. Rather, the Constitution is, indeed, our strength. We should have confidence that things like the free market of ideas that our freedom of speech creates, or that ready militia made up of all able adults who exercise the right to bear arms can defend us from invaders or errant government. I believe that our freedoms are not luxuries that we should forgo when the government decides there's sufficient danger: it's holding fast to them that will deliver us from danger.