should we fight terrorism at the expense of what made the U.S. great -  the U.S. Constitution?

As the events of the September 11th clearly indicate, Justice is relative - not absolute. 

We may no longer be absolutely a nation under the rule of law

I am in favor of the fight to eradicate terrorism. However, it has to be done under the guidelines of the rule of law not at the whim a president or other government official.

The United States Constitution, clearly supports individual and human rights.  Individuals (legally here or illegally) in the United States must have the protection of the law of the United States -  Whether the individual in the United States happens to have permission to be here or not, the law provides for his protection.  

For example, if someone crosses the U.S. borders illegally, and begins to live in the U.S. illegally, he or she enjoys the protection of the law as a U.S. citizen does - despite the fact that he may be deported if he is caught.   Thus, if the illegal alien gets into a fight with  U.S. Citizen, the illegal alien can sue the U.S. Citizen in a U. S. state court for damages.  Furthermore, the U.S. Citizen is subject to criminal sanctions and penalties.

The immigration does not get involved with the police and the courts, unless international issues are involved.  Thus, if you are an alien and someone breaks into your apartment, you can call the police.   No one will check your immigration legal status.   That has become the rule, so that illegal aliens report crimes without the fear of being found out and subsequently deported.

Things may be changing

Thus, up until now, everyone enjoyed the protection of the U.S. law in the United States.  However, after the September 11th terrorist attack, things are changing fast.   Anti-terrorist legislation has been introduced in congress that gives power to the government to summarily decide the fate of an alien in the United States.  

Whether the alien is here legally or illegally, if the Attorney General reasonably believes ( with or without evidence) that the alien is involved or connected with terrorists, the alien may be detained indefinitely or immediately be deported.

It is constitutional law (supreme law of the land) in the United States, however, that all people (legal or illegal) in the United States, shall enjoy the protection of the law.   Terrorists are people too.

I personally believe that the government should be tough with terrorists.  Terrorism is really the most lawless activity.  However, I am not sure that we should fight it at the expense of what made America Great - the U.S. constitution and the Rule of Law.

E. Stassinos, Esq.

Attorney at Law

California, United States of America

 

All legal articles in this site are general and informative.  The articles or any other information on this site is not legal advice nor is any information warranted or guaranteed.   Laws change over time and in different localities and jurisdictions laws may be different from any laws mentioned on this site.  It is advisable that you consult an attorney and or an accountant in the area where your business will be located.   

Copyright E. Stassinos, Esq. 2005. All Rights Reserved.