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To: Garak
Oh brother,
for one thing the 14th Amendment applies to states, not the federal government.

Aso for the First, Fourth or Fifth Amendments, you're right in peacetime there would be constitutional problems with arresting and detaining any citizen, regardless of his religion.
However,
1. The Feds have very wide authority to detain and/or deport foreign nationals.

2. It is not a violation of the First Amendment to go after Muslims if the government has a non-discriminatory basis for his actions. And if the government can show that mosques and other Islamic groups have been used for seditious activities, it could take action.

3. Any violation of the "search and seizure" or "due process" clauses of the Fourth and Fifth Amendments that occur in wartime, can really only be remedied by a writ of Habeas Corpus (of course, after the war, Congress can write you a fat check for your troubles). Contrary to what you stated, the constitution DOES let you (well not you, but Congress and the President) suspend Habeas Corpus..."The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".

We've deported aliens, we've thrown people in internment camps and we've stripped people of citizenship. I think if we look at how FDR and J. EdgarHoover handled domestic security during World War II, we can say that there were excesses (i.e. throwing Japanese women and children into detention camps), but there was not a single successful case of sabotage in the US during the war. We should be so lucky.
123 posted on 10/22/2002 9:19:42 AM PDT by Maximum Leader
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To: Maximum Leader
Even Scalia considers Korematsu to be an abomination of constitutional law. I am simply telling you that a similar program today would be declared unconstitutional in about three seconds flat, regardless of what Lincoln or Roosevelt did. Especially when they were acting in far more dangerous situations.
125 posted on 10/22/2002 9:22:32 AM PDT by Garak
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