Padilla, Redux

In a previous post, we said this: "And by the way, for whatever it was that numbskull Jose was doing, he was a US citizen. And our government held him for more than three years without charges." Commentator loki suggested we elaborate upon why "arbitrary indefinite detention [of a US citizen] is anti-American". Fair enough. First, there's the Sixth Amendment:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

Now that's a protection-packed paragraph if we ever read one. Many of these concepts date at least to the Magna Carta. Then there's the Fourth Amendment:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Otherwise known as the "Due Process" clause. That's pretty protection-packed too. That'd be good for starters.