Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
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.
http://www.law.cornell.edu/constitution/sixth_amendment
The exception for "cases arising IN the land or naval forces, or IN the militia, when in actual service in time of war or public danger" would not apply because a so-called enemy is not IN our military.
The Constitution does not provide for any other exceptions to the right to due process. The 14th Amendment requires the states to afford the rights of an American citizen to all of their residents among other things.
There are no exceptions. The Bill of Rights does not really "give" rights to us citizens or residents of the US. It merely prohibits the US government from depriving us from the rights listed which are our inherent rights, our innate rights. The rights in the Bill of Rights are not "granted" to us by our Constitution. They are the rights to which Thomas Jefferson refers in the Declaration of Independence.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
www.constitution.org/usdeclar.htm
Holder and Obama are very, very wrong on this issue. What was done was a crime, pure and simple. Ask Thomas Jefferson. Ask James Madison. -- Read their writings.
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