mysteryman wrote:Cycloptichorn wrote:okie wrote:I hope you are proud of yourself for taking my opinions out of context. Print this too. The constitution is a piece of paper, but I care what is written on it even if you don't. Write that one down, cyclops.
Well, no, you don't. Otherwise you would agree that the
4th amendment clearly requires the president to get a warrant in order to spy upon American citizens. You do not respect what the document says when it is inconvenient for you to do so.
Cycloptichorn
So you freely admit that the 4th amendment does NOT apply to those that are not American citizens.So, any spying on foreign nationals in the US and foreign nationals overseas is allowed.
Nice of you to admit that.
Forgive the intrusion, but it is possible that folks are arguing over the wrong amendment; because the roots of the discussion actually are derived from the Fourteenth Amendment, which includes the
Due Process
http://en.wikipedia.org/wiki/Due_process
and the
Equal Protection Clauses
http://en.wikipedia.org/wiki/Equal_Protection_Clause
The Amendment requires the government to provide equal protection under the law to all
persons within their jurisdictions.
Note that while the Amendment refers to the "states" the Amendment's equal protection clause allowed the Supreme Court to "incorporate" the entire Bill of Rights (including the contested Fourth Amendment here), saying it applied to states as well as the federal government.
The Court incorporated the Fourteenth Amendment's Equal Protection Clause (which applied only to the states) into the Fifth Amendment's Due Process Clause (which applied to the federal government) with Bolling v Sharp (1954).
http://law.jrank.org/pages/13354/Bolling-v-Sharpe.html
Quote:Justice Warren incorporated the FourteenthAmendment's Equal Protection Clause into the Fifth Amendment, which does apply to the federal government. Under the Fifth Amendment, no person "shall be deprived of life, liberty, or property, without due process of law." The phrase due process, Warren argued, must include "equal protection of the laws."
If US citizens have the right to plea for habeas corpus, non-citizens have the same right.
Is it not essential for the common fairness Americans proclaim as an inherent trait that all persons, whether citizens or aliens within this land, shall have equal protection in this nation in the rights of life and liberty and property?