I'm writing a letter to the president on behalf of my kiddoes. I don't want to appear as an utter bonehead, so if you guys could give me some feedback on the letter, it would be greatly appreciated!
Dear Mr. President:
I am writing to you on behalf of my eighth grade Humanities students. In eighth grade Social Studies, the focus is in U.S. History and Government. Consequently, my students have been learning a great deal about the Constitution this year, especially as it relates to government actions and behavior, both current and historical.
One question that arises again and again is whether or not our Constitution applies when Americans have dealings with non-Americans. The question first arose when we were studying the War on Terror through the lens of the Bill of Rights. In our attempts to protect America from foreign enemies, terror suspects were denied due process (5th Amendment) and a speedy and public trial (6th Amendment), and many were subject to techniques such as water-boarding, which could be considered cruel and unusual punishment (8th Amendment). Such actions suggest that the Constitution applies only to Americans, not foreigners.
America’s historical behavior would certainly seem to support this theory. Some of my students believe that the Indian Removal Act violates the 4th Amendment right of citizens to be “secure in their persons, houses, papers, and effects against unreasonable search and seizure”; that it deprived Native Americans of “property, without due process of law” (5th Amendment); and that the Trail of Tears qualified as “cruel and unusual punishment” (8th Amendment). Other students have argued that the Constitution did not apply to the Native Americans of that era, because, at the time they were not American citizens and, in fact, considered themselves only members of their particular Indian tribes.
Your opinion on this subject, as both President of the United States and a professor of Constitutional Law, would be very helpful. Are we Americans only required to follow our laws when dealing with other Americans? Is the Constitution irrelevant when we deal with non-Americans who have broken our laws? I realize that you are extremely busy, but if you could shed a little light on this subject for my students it would be greatly appreciated.
Thank you for your time.
I know it's a little dry, but given his Spock-like demeanor most of the time, I thought that might appeal to him. I really don't expect a reply, but it would put my students over the moon if we got one!
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