I keep a copy of the Constitution on my desk all the time. I have it opened to the first page where I find the preamble to the Constitution of the United States: Do we remember what that says?
"We the people of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessing of Liberty to ourselves and our Posterity, do ordain and establish the Constitution for the United States of America."
I make no claim to being a Constituional scholar, but I can read, and have fairly good comprhension which should be the primary tools for interpreting the Constitution. It was the people of the United States that ordained and established the Constitution for the United States of America. They did it to to "form", "establish", "insure", "provide", "promote", and "secure" to ourselves and our prosperity. Posterity is us, we are their posterity.
Our Constitution is not for the world. It restricts no other governments nor does it "form", "establish", "insure", "provide", "promote", or "secure" for anyone except citizens of the United States. While I am not promoting the idea of cruelty to non-citizens we should not be afraid to draw a distinction between citizens and non-citizens.
When those non-citizens position themselves as the enemies of the United States they should be treated as enemies and not citizens. The fact is they do not have Consitutional Rights. Not one! We are not obligate to secure their freedom of speech, we are not obligated to protect their right to keep and bear arms, they have no Consitutional right to be secure in their persons, houses, papers, and effects. They have no fifth ammendment to plead. They have no Constituional right to be free from cruel and unusual punishment.
They certainly have no right to a trial by jury along with all the associated protections for the accused.
Khalid Sheik Mohammed it has been determined is going to be accorded all the right of American citizenship. He is going to be tried for his crimes of 9/11 in Federal Court in New York. It was not a police officer that picked him up. It was the military. The reason it was the military is because he is a sworn enemy of the United States. He was on a battlefield, he was not at a crime scene. He is not a citizen of the United States. He has absolutly no Constitutional protection while in custody of the United States, or least shouldn't. Fairness and justice is one thing, Constituionally protected civil liberties are another. He may be entitled to the first but not in the context that Amercian citizens are entitled to these things.
And it is a farce. Both President Obama and Attorney General Mark Holder have said that he will be convicted. So much for the presumption of innocence. What they are trying to prove here is being undermined by their own statements.
It is all a "dog and pony" show that may end up biting and trampling them to death, politically that is, and it should.
Known terrorist should be treated as such. They should not be treated as American citizens with Constitutionally protected civil rights.
Charles Krauthammer has a good article on this very issue.