Michael Moore thinks Osama Bin Laden deserved a trial

[Lotus]

Originally Posted by CRedskinsRule

Lotus,

Typically your arguments are solid, and I don't really have a stance on Bin Laden either way, but I think you are off base on the exception for citizenship. The Pre-amble states:


Here it is pretty definitive that the Constitution was and is designed to primarily to protect US citizens.

Now in Article 3 you might read :
and use this as saying that it doesn't note citizenship, but Amendment 11, which changes an original part of Article 3 reads:
So the Judicial powers do acknowledge the different citizenships of individuals.

Finally, you may solely be looking at Amendment 5:
but the key here is that as an Amendment to the original Constitution, no state, or citizen of any state, could claim it's right without first acknowledging to be subject to the laws and rules laid down in the Constitution itself. I think it is fairly safe to say that Bin Laden did not acknowledge himself to be subject to the US Constitution, thus he could not seek the protection of the Amendments to that document.

(i am sure this can get argued in excess when it comes to illegal immigrants etc, but I am only speaking to whether a non-citizen not on US soil, nor making any claims to US citizenship and law could somehow claim that we must offer them the protection of our Bill of Rights, and the Constitution they amend)

Excellent thoughtful post CRed. I must disagree with your interpretations, though. My understanding of the passage from Amendment 11 which you produced is that it was designed to speak against the idea that the Constitution can be applied in other countries. We can't apply the Constitution in France. But 9/11 was a crime committed in this country so that clause does not apply.

As for bin Laden's assent to governance by the Constitution, things do not work that way. Otherwise any foreigner could come to the USA, break federal law, and claim "You can't try me because I don't assent to your Constitution." Likewise, when I take one of my trips to India, I am subject to Indian law, including the Indian constitution, regardless of my nationality. For bin Laden, his assent was not required since he committed his crime on US soil.

Bin Laden's crime of 9/11 was committed on USA soil. This means that USA law definitely applied, including Constitutional law.