Does the Constitution Only Apply to Citizens? NO.

Last month, many congresspeople (mostly Republicans, but even some Democrats) were furious that the alleged underwear bomber, Umar Farouk Abdulmutallab, was arrested and read his Miranda rights. Senators Joseph Lieberman and Susan Collins declared in a letter to the Department of Justice that because the DOJ treated Mr. Abdulmutallab as a criminal instead of an enemy combatant, they lost the opportunity to gain “information that may have been extremely helpful to winning this war.” This theory (presented, of course, as fact) was dis-proven within a week of the letter’s writing when it was reported Abdulmutallab had given valuable information to investigators.  But the most damning aspect is via a quote, pointed out by Glenn Greenwald of Salon, from senator Collins:

“Once afforded the protection our Constitution guarantees American citizens, this foreign terrorist ‘lawyered up’ and stopped talking.”

The myth that the Constitution applies only to American citizens is nothing new, and has been repeatedly been invalidated by the Supreme Court. And yet, in times of crisis and terrorism, this xenophobic and undemocratic conception of the Constitution rears its ugly head.

The Supreme Court has heard cases that have dealt with the constitutional rights of foreigners as far back as 1886. In Yick Wo V. Hopkins, the Supreme Court overturned the California conviction of a Chinese citizen living in the state, on the grounds that he was not afforded his 14th amendment rights of due process and equal protection. In fact, the Constitution rarely mentions the word “citizens” because the rights it allows for are as Thomas Jefferson argued “natural laws.”

Do the senators think that non-citizens should not be afforded freedom of speech, or be eligible for enslavement? Taken to its logical conclusion shows that refusing Abdulmutallab constitutionally afforded rights is dangerous, counter-productive, and puts the rights of all Americans, citizen or not, at risk.

The most important lesson we can glean from this, and a reason why torture, holding without charge, and other unconstitutional actions previously employed by the United States, is that the system worked. Abdulmutallab has provided a wealth of information by being interrogated like any other criminal (being told your Miranda rights doesn’t stop you from being interrogated); investigators established a good rapport, brought his family in, and is giving information that is both helping find terrorists around the globe, and since he was mirandized, admissible in court.

So, in conclusion: We got the guy, we gave him rights, he’s gonna help us get the terrorists, and the justice system is workin’ — America Rocks!

[Salon], [The Baltimore Sun]

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