[Ajnin]

And try answering my question: would it be constitutional for Congress to provide, by statute, for the death by torture, without trial, of any illegal alien caught crossing the border

Good question. Clearly such legislation would be immoral and unlawful. However, giving illegal aliens constitutional rights is clearly destructive to this country.

[Lurking Libertarian]

Clearly such legislation would be immoral and unlawful.

How can legislation be "unlawful" unless it violates the Constitution?

[Lurking Libertarian]

giving illegal aliens constitutional rights is clearly destructive to this country.

To quote Justice Scalia, "it is a truism that constitutional rights have costs."