Erwin Chemerinsky: Even Terrorism Suspects Have Rights
[Erwin Chemerinsky is dean of the UC Irvine School of Law.]
Last week, following the attempted bombing in Times Square, Sen. Joe Lieberman (I-Conn.) proposed that those aiding foreign terrorist activity should be stripped of their citizenship. House Speaker Nancy Pelosi (D-San Francisco) and Secretary of State Hillary Rodham Clinton quickly agreed, with a few reservations, that the idea had merits.
On Sunday, Atty. Gen. Eric H. Holder Jr. said on morning news shows that Congress should consider legislation that would allow questioning of terrorism suspects without warning them of their right to remain silent, as required by the Supreme Court in Miranda vs. Arizona.
Both of these proposals are dangerous and ineffective violations of basic civil liberties, and they are almost surely unconstitutional. In 1967, in Afroyim vs. Rusk, the Supreme Court held that Congress cannot strip individuals of citizenship unless they choose to renounce it. In words directly applicable to the Lieberman proposal, the court stated: "Citizenship is no light trifle to be jeopardized any moment Congress decides to do so.... The very nature of our free government makes it completely incongruous to have a rule of law under which a group of citizens temporarily in office can deprive another group of citizens of their citizenship."...
Throughout American history, the response to crises often has been to violate basic rights, only to realize in hindsight that the nation wasn't made any safer for sacrificing its constitutional birthright. I still hope that the country will learn from this history and that Congress will reject the misguided proposals of Lieberman and Holder.
Read entire article at LA Times
Last week, following the attempted bombing in Times Square, Sen. Joe Lieberman (I-Conn.) proposed that those aiding foreign terrorist activity should be stripped of their citizenship. House Speaker Nancy Pelosi (D-San Francisco) and Secretary of State Hillary Rodham Clinton quickly agreed, with a few reservations, that the idea had merits.
On Sunday, Atty. Gen. Eric H. Holder Jr. said on morning news shows that Congress should consider legislation that would allow questioning of terrorism suspects without warning them of their right to remain silent, as required by the Supreme Court in Miranda vs. Arizona.
Both of these proposals are dangerous and ineffective violations of basic civil liberties, and they are almost surely unconstitutional. In 1967, in Afroyim vs. Rusk, the Supreme Court held that Congress cannot strip individuals of citizenship unless they choose to renounce it. In words directly applicable to the Lieberman proposal, the court stated: "Citizenship is no light trifle to be jeopardized any moment Congress decides to do so.... The very nature of our free government makes it completely incongruous to have a rule of law under which a group of citizens temporarily in office can deprive another group of citizens of their citizenship."...
Throughout American history, the response to crises often has been to violate basic rights, only to realize in hindsight that the nation wasn't made any safer for sacrificing its constitutional birthright. I still hope that the country will learn from this history and that Congress will reject the misguided proposals of Lieberman and Holder.