The United States Ought to Extend to Non-Citizens Accused of Terrorism the Same Constitutional Due Process Protections It Grants to Citizens

Topics: United States Constitution, Law, Fourteenth Amendment to the United States Constitution Pages: 6 (1797 words) Published: August 15, 2013
I affirm

Resolved: The United States ought to extend to non-citizens accused of terrorism the same constitutional due process protections it grants to citizens.

When evaluating the resolution we see that the value must be JUSTICE as implied.

WE can uphold the value by granting those who are ACCUSED of terrorism the ability to be proven guilty or innocent through due process before detaining them indefinitely.

An excerpt from the Fourteenth Amendment of the U.S. Constitution states:

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.

Contention 1:

a. ALL DETAINEES IN THE US—CITIZEN OR NOT—ARE PROTECTED BY EQUAL PROTECTION CLAUSE
Liam Barber, Law Student, Villanova Law Review, 2002, 47 Vill. L. Rev. 451, p. 454-5 The potential use of racial profiling to combat terrorism is both a legal and policy based issue. n29 Preliminarily, although manyb Arabs affected by such measures may be non-citizen aliens, it is important to clarify that Aliens legally inside the United States are afforded full Fourth, Fifth and Fourteenth Amendment protections. In addition, even illegal aliens are protected by the Equal Protection Clause. n31 Only aliens outside U.S. territory, such as "enemy aliens" or those who have not developed societal or residential connections with the United States, do not receive Fourth, Fifth and Fourteenth Amendmentbenefits. n32 Assuming, then, that these core constitutional protections apply to Arabs who live and travel inside th United States, theissue focuses on four fronts: (1) the imminence of and support for using racial methods in the United States, (2) the use and impact ofracial profiling outside the United States, (3) the legal standard applied to racial profiling in the United States and (4) the extent thatthe legal standard protects rights during national crisis.

b. NON-CITIZENS ARE ENTITLED TO CONSTITUTIONAL DUE PROCESS PROTECTIONS Richard M. Pious (STATES), Barnard College, 2006, The War on Terrorism and the Rule of Law, p. 108 The Bill of Rights protects “persons,” not “citizens.” For more than a century the court has held that aliens are “persons” under the meaning of the Fifth and Fourteenth Amendments and therefore are entitled to due process of law. In the years preceding the 9/11 attacks, American constitutional law (has) gradually come to provide aliens—even illegal aliens—with many of the civil rights and liberties enjoyed by American citizens. But after 9/11, with newly heightened concerns about terrorists entering the United States, law enforcement and immigration officials singled out some aliens for intensive screening and investigation,

c. DUE PROCESS APPLIES TO “ANY PERSON” ACCUSED OF A CRIME BY THE FEDERAL GOVERNMENT
Gerard J. Clark, Professor of Law, Suffolk University School of Law, University of Pittsburgh Law Review, Summer, 2002, 63 U. Pitt. L. Rev. 837, p. 857 The Fifth Amendment guarantee of due process of law applies to "any person" who is accused of a crime by the Federal Government or any of its agencies. No exception is made as to those who are accused of war crimes or as to those who possess the status of an enemy belligerent. Indeed, such an exception would be contrary to the whole philosophy of human rights which makes the Constitution the great living document that it is. The immutable rights of the individual, including those secured by the due process clause of the Fifth Amendment, belong not alone to the members of those nations that excel on the battlefield or that subscribe to the democratic ideology. They belong to every person in the world, victor or vanquished, whatever may be his race, color or beliefs. They rise above any status of belligerency or...
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