Replies

Why do YOU have trouble understanding exactly what the terrorists are trying to do? They don't care one whit about writing law, or the Constitution. They care about KILLING AMERICANS!! That is what they are about.

I have heard this before, and I don't know who originally said it, but "the Constitution is not a suicide pact."

"while the Constitution protects against invasions of individual rights, it is not a suicide pact." --Supreme Justice Arthur Goldberg 1963

I am trying to find the context now.

a.cricket

The case was KENNEDY V. MENDOZA-MARTINEZ 372 U.S. 144

It concerned a man with dual citizenship (US/Mexican) who fled to Mexico in 1942 to avoid the draft. After the war he returned to the US where he was arrested and was ordered deported and was also denied a passport to return to the US. (Surely they meant visa?) On the grounds that he had lost his citizenship by remaining outside the US in time of war to avoid military service. (I like this idea. Any chance of resurrecting it?) Here it is in context. I think the whole thing is pretty good

Sorry about the caps and lack of formatting but this is cut from the original document.

WE DEAL WITH THE CONTENDING CONSTITUTIONAL ARGUMENTS IN THE CONTEXT OF CERTAIN BASIC AND SOMETIMES CONFLICTING PRINCIPLES. CITIZENSHIP IS A MOST PRECIOUS RIGHT. IT IS EXPRESSLY GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE CONSTITUTION, WHICH SPEAKS IN THE MOST POSITIVE TERMS. (FN10) THE CONSTITUTION IS SILENT ABOUT THE PERMISSIBILITY OF INVOLUNTARY FORFEITURE OF CITIZENSHIP RIGHTS. (FN11) WHILE IT CONFIRMS CITIZENSHIP RIGHTS, PLAINLY THERE ARE IMPERATIVE OBLIGATIONS OF CITIZENSHIP, PERFORMANCE OF WHICH CONGRESS IN THE EXERCISE OF ITS POWERS MAY CONSTITUTIONALLY EXACT. ONE OF THE MOST IMPORTANT OF THESE IS TO SERVE THE COUNTRY IN TIME OF WAR AND NATIONAL EMERGENCY. THE POWERS OF CONGRESS TO REQUIRE MILITARY SERVICE FOR THE COMMON DEFENSE ARE BROAD AND FAR-REACHING, (FN12) FOR WHILE THE CONSTITUTION PROTECTS AGAINST INVASIONS OF INDIVIDUAL RIGHTS, IT IS NOT A SUICIDE PACT. SIMILARLY, CONGRESS HAS BROAD POWER UNDER THE NECESSARY AND PROPER CLAUSE TO ENACT LEGISLATION FOR THE REGULATION OF FOREIGN AFFAIRS. LATITUDE IN THIS AREA IS NECESSARY TO ENSURE EFFECTUATION OF THIS INDISPENSABLE FUNCTION OF GOVERNMENT. (FN13)

a.cricket

Why do YOU have trouble understanding exactly what the terrorists are trying to do?

Besides killing us,they are trying to disrupt our society. This is one of the MAJOR goals of terrorism. You get the government to overreact and become oppressive.I see no reason to allow them to do this.