"The Constitution only applies to US citizens."

No. The constitution asserts judicial power over foreigners within US borders. All laws that apply to US citizens therefore also apply to foreigners, with the exception of those rights specifically reserved for citizens (voting etc.) or those laws specifically adressed to foreigners.

Thats generally right -- I think (but I am not 100% as this is not my area of expertise) that laws effecting foreigns created by treaty can be carved out.  But again I am not 100% sure about that, never applied for the JAG Corp!

Let me add:

Not a legal thought so much as philosophical one -- if we believe in the freedoms guaranteed by our constitution are in place because all people are created equaly we extend those rights to non-citizens and our enemies.  Equality under the law should not be restricted to citizenship or political ideology.  Like your mothers said -- do unto others and all that muck. 

All I know is that if we can't drag them out into the open and fuck their shit up using due process, then we must let them go.

I believe that was an exact quote of the Honorable Justice William Brennan in Malloy v. Hogan.

I believe that was an exact quote of the Honorable Justice William Brennan in Malloy v. Hogan.

That just PROVES you're having a lack of sleep.  Speaking of which, how are the babies doing?

"The Constitution only applies to US citizens."

No. The constitution asserts judicial power over foreigners within US borders. All laws that apply to US citizens therefore also apply to foreigners, with the exception of those rights specifically reserved for citizens (voting etc.) or those laws specifically adressed to foreigners.

Yes.  US borders.  I forget which state Guantanamo is in.  Can you refresh my memory?  :P

Tom:

She is well, her older sister has had some . . . regression issues but over all is well. I'm working on 3 hours right now.

Let me add:

Not a legal thought so much as philosophical one -- if we believe in the freedoms guaranteed by our constitution are in place because all people are created equaly we extend those rights to non-citizens and our enemies.  Equality under the law should not be restricted to citizenship or political ideology.  Like your mothers said -- do unto others and all that muck.

Here I definitely disagree.  It's nice in theory, but that would mean we should open our borders to anyone and everyone without restriction and when they were here give them all the rights of any US citizen.  That's something I could never agree with.

Unless I am mistaken (and I don't think I am) our constitutional laws are applicable for US territories, military bases, etc.  Its not restricted to the borders.  the constitution limits government remember not citzens or non-citzens.*

Edited to add non-citizens I had a brain fart. 

Here I definitely disagree.  It's nice in theory, but that would mean we should open our borders to anyone and everyone without restriction and when they were here give them all the rights of any US citizen.  That's something I could never agree with.

Thats not at all what I said.  Go back and read it again. Its the application of our law I am discussing.  I am saying when someone is on US soil (be it in the United States or otherwise) the application of our laws should not be different whether they are citizens, foreign nationals, or enemy combatants.  I am not articulating an "open borders" argument.