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But govt can write laws. After all, that is good the oft-abused NSLs are part of Patriot Act. Are you saying they the judiciary, upon seeing this law, would in
by T3OU-736 8y ago
But govt can write laws. After all, that is good the oft-abused NSLs are part of Patriot Act.
Are you saying they the judiciary, upon seeing this law, would invalidate it at first opportunity?
- jcranmer 8y agoThe Fifth Amendment to the US Constitution says "No person shall […] be deprived of life, liberty, or property, without due process of law." Since the Constitution is the supreme law of the land, that provision trumps anything that the president or Congress can do short of passing another amendment to modify that. Denying a US citizen the right to travel without telling them why and preventing them from having any recourse to challenge it almost certainly violates that provision.
- jkartchner 8y agoIs access to the US "life, liberty, or property?" Does the Constitution apply to those outside "the land"? Often not.
- colejohnson66 8y ago> Does the Constitution apply to those outside "the land"? Often not. The Fifth Ammendment begins with “No person” not “No US citizen”
- jkartchner 8y agoThat's not how the courts often see it, though I admit it's been awhile since I've reviewed the caselaw