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Originally Posted by Greedy,Greedy,Greedy
I think Scalia, and, to be fair, the court in general historically, would not find that to apply to action of the US government taken against foreign persons on foreign soil.
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On the federal/state issue, there is no real dispute that the Fourteenth Amendment makes the Due Process Clause apply to the federal government.
Otherwise, perhaps Scalia was making your point, and it's a little hard to tell from the news story, but I doubt it. Over more than two hundred years, the Court has had many opportunities to create exceptions to the principle of the Due Process Clause, and I'm sure Scalia knows them far better than I do, but it beggars disbelief to think that the Founders, familiar as they were with the way people had been tortured by the King of England over the previous centuries, would think that they were giving that power to a chief executive who simply claimed a serious, exigent need.
