Updated: May 8, 2022
I want to play devil's advocate about something.
Alot of people claim to be Constitutionalists but don't ever pay attention to our founding fathers and what it is they actually did.
I see talk of Ketanji Jackson defending prisoners from GITMO. And people are pointing to that as some form of "gotcha" moment. I have to remain objective on this one. Because, although I am a combat veteran myself. I am also a Constitutionalist. And while I do not always agree with the founding fathers. I agree with most of their morals. And I believe in the Constitution.
The counter argument is that everyone is entitled to due process under the law as defined in the United States Constitution. Now, if you know anything about the Constitution itself. That is true. Article 6 of the United States Constitution makes it the supreme law of the land.
Now, the argument could be made from the 14th Amendment. That only citizens who are born and naturalized in the United States are subject to the Jurisdiction thereof. Meaning that only citizens who are born and naturalized are also therefore protected by Constitutional rights.
Jurisprudence is a pain in the ass at times. One must first look at the 5th Amendment to the United States Constitution. Which states the following:
“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 offense 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.”
Then you have to consider the 4th Amendment to the United States Constitution. Which states the following:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
So why does this correlate to the situation with the Ketanji representing GITMO prisoners? There is valid concern over the ramifications of her defense of these prisoners. Keep in mind that these were men who were on trial for waging war against the United States. I am inclined to believe that the United States Constitution does not grant the same rights to non-citizens that it does to our enemies. What does the 14th Amendment to the Constitution state?
Well, it states the following.
“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.”
Every person born or naturalized in the United States is subject to the jurisdiction of the United States and shall not be denied due process of the law. And of course, Article 6 of the United States Constitution makes the contents of the Constitution the Supreme Law of the Land. This includes any and all amendments made to the Constitution under Article 5 of the Constitution.
So, I am inclined to state that I have no problem denying the enemies of our country due process. Just like everyone else. I am very much inclined to state that I really do not care what happens to those who wish to wage war against us or cause harm to our great Republic.
You have to understand. That roughly 30% of all GITMO prisoners have returned to the battlefield to fight us abroad. Are our enemies really entitled to defense? As much as it hurts coming off the tip of my tongue. Yes. I believe that they are. From a moral standpoint alone. And the historical context to that ideology stems from one of our founding fathers. John Adams.