Susan Collins spreads central myth about the Constitution

By Glenn Greenwald
Salon.com

Over the weekend, Sen. Susan Collins released a five-minute video in which she sounded as though she were possessed by the angriest, most unhinged version of Dick Cheney. Collins recklessly accused the Obama administration of putting us all in serious danger by failing to wage War against the Terrorists. Most of what she said was just standard right-wing boilerplate, but there was one claim in particular that deserves serious attention, as it has become one of the most pervasive myths in our political discourse: namely, that the U.S. Constitution protects only American citizens, and not any dreaded foreigners. Focusing on the DOJ's decision to charge the alleged attempted Christmas Day bomber with crimes, Mirandize him and provide him with counsel, Collins railed: "Once afforded the protection our Constitution guarantees American citizens, this foreign terrorist 'lawyered up' and stopped talking" (h/t). This notion that the protections of the Bill of Rights specifically and the Constitution generally apply only to the Government's treatment of American citizens is blatantly, undeniably false -- for multiple reasons -- yet this myth is growing, as a result of being centrally featured in "War on Terror" propaganda.

First, the U.S. Supreme Court, in 2008, issued a highly publicized opinion, in Boumediene v. Bush, which, by itself, makes clear how false is the claim that the Constitution applies only to Americans. The Boumediene Court held that it was unconstitutional for the Military Commissions Act to deny habeas corpus rights to Guantanamo detainees, none of whom was an American citizen (indeed, the detainees were all foreign nationals outside of the U.S.). If the Constitution applied only to U.S. citizens, that decision would obviously be impossible. What's more, although the decision was 5-4, none of the 9 Justices -- and, indeed, not even the Bush administration -- argued that the Constitution applies only to American citizens. That is such an inane, false, discredited proposition that no responsible person would ever make that claim.

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