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Does the Holocaust Rule Apply
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Originally posted by sebastian_dangerfield
The people being tortured are not citizens. The people whose property rights are protected are. Certainly, you don't suggest that we adopt a policy that everyone be treated as though he was a citizen of this country? That'd be very Bushian, in line with his "everyone needs to live in an American democracy" message. People of various countries have their unique cultures, freedoms and rights. And when we catch them engaging in terrorist acts, they don't suddenly acquire the rights of a US citizen in custody.
You're comparing apples and oranges, but you knew that. Thats why you wrote "individual" instead of "citizen."
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So the Takings Clause only protects citizens? I think you will find Supreme Court decisions that say otherwise. I am happy to have an argument with you about when citizenship distinctions should warrant strict scrutiny under the Equal Protection Clause, but I don't think you want to go there.
Anyway, I would be very surprised if club thinks that an individual's basic rights -- to be free of torture or to possess property -- turn on citizenship.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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