Harry Browne writes:
"The important point is that the Constitution doesn't apply to Americans, it doesn't apply to citizens, it doesn't even apply to 'people.' It applies to the federal government. The body of the Constitution tells the federal government what it is allowed to do... The Bill of Rights tells the federal government what it is not allowed to do...
"[U]ntil a suspected 'terrorist' gets a fair and impartial trial, you don't know whether he is a terrorist. So even if you think non-citizen terrorists have no rights, how do you even know for sure that they are terrorists – or that they are non-citizens – until every facet of due process has been applied."
To Whom Does the Bill of Rights Apply? by Harry Browne
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