unlawful combatants

Justin Schwartz jkschw at hotmail.com
Thu Jan 31 14:16:05 PST 2002



>It would be wonderful if it were possible to have some rights just by
>virtue of being a human being rather than due to being a citizen of some
>state.
>
>Is there any such thing?
>

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

USCA CONST Amend. XIV-Full Text

Note the distinction between the priviligi=es and immunities clause, which applies only to citizens--there are very few P&I, btw--and the due process and equal protection clauses, which apply to all persons, whether citizens or not. Likewise:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

USCA CONST Amend. V-Full Text

All of which apply to persons indifferently, not just citizens.

jks

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