Will Robinson wrote:
PS: Avder and Top Gun, where in the constitution does it offer rights to foreign spys and prisoners of war?
Or for that matter, since when does the Constitution apply to non-Americans? That's the heart of this debate.
Arguing that the Constitution applies to people who are not citizens and have not obtained visas is esentially violating the sovereignty of our country and other countries. When I leave America, I am expected to abide by the laws of other countries. To say that America's Constitutional rights protect non-Americans is a violation of the other countries' autonomy. In some ways that counters the whole "America should not be exerting its will on other countries". It's a
very sticky situation... supporting American Constitutional rights for all people tramples on the autonomy of of other countries' domestic policy. Supporting only Constitutional rights for Americans violates the revolutionary spirit embodied in the Declaration of Independence, that "all men are created equal". At the same time, the argument is strong that the sense in which that line was written is totally different from the way it is interpreted today, and/or that our country is NOT governed by the Declaration but the Constitution.
Personally, I think if you read the preamble to the Constitution, it is clear that the document is construed to apply only to this country and its citizens.
The Forefathers wrote:
We the People of the United States, in Order to form a more perfect Union, [...] insure domestic Tranquility, provide for the common defence, [...] and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.