More Contradictions From the War-Lovers

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The warring classes seem to believe they have come upon some great principle in declaring that Fifth Amendment rights to due process apply only to American citizens, and not to “foreigners,” particularly “terrorists.” That amendment reads “No person . . .,” extending its coverage to anyone being dealt with by the United States government.  It does make an exception to cases arising “in time of War,” which gives these flag-waving grenadiers an excuse to proclaim that due process does not apply to “enemy combatants” under some amorphous war-powers authority.  The principal problem with this argument is that no “war” has been declared by Congress (as required by the Constitution).  How can some make-believe rules of “war” apply in the absence of a formally-declared “war?”

4:51 pm on April 20, 2013