Has Sen. Collins Read The Constitution ?

Senator Susan Collins (R-Maine) is usually thought of in the mainstream media as a "moderate" Republican. That's because every now and then (but not too often) she will part with her right-wing colleagues on senate votes. But don't let that fool you. The truth is that her heart rests with her right-wing party members -- those who are willing to disregard the Constitution when it prevents them from doing what they want to do (while loudly trumpeting their belief in that document when running for re-election).

Senator Collins felt the need to speak on the Boston bombing tragedy a couple of days ago -- and she had every right to do that. But her public statement shows she has a contempt for the Constitution (especially the Fifth Amendment) and the rule of law. Here is her rather shocking statement:

“It’s a very important question, whether it’s a plot that originated overseas or whether it’s a lone wolf. The question is: What do we do once we do capture the individual? How’s he treated? If he’s an American, obviously, then the constitutional protections pertain. If he is a foreign national, in my view, then he should be held by a military tribunal and he should not be read his Miranda rights as [the Christmas Day Bomber] was.”

Maybe I am wrong that she is showing contempt for the Constitution. Maybe it's been so long since she read that document that she has forgotten what is in it. Here is the text of the Fifth Amendment to the United States Constitution (bold is mine):

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.

Note that the amendment does not say these rights apply only to citizens. Instead, it uses the word "person", which would include anyone in this country -- even foreigners (whether in this country legally or illegally). Anyone accused of a crime in the United States has the protections of the Fifth Amendment, and the rule of law (based on the Constitution).

We do not single out people because of the horror of the particular crime they are accused of committing, and deny them the rights afforded to all other persons in this country. Murderers, rapists, and even terrorists have been afforded these same rights in the past, and convicted only after receiving a fair trial based on those rights. Why should we change that now? It has worked for over 200 years, and there is no reason why it wouldn't continue to work for many more years.

These rights are to prevent the government from unjustly singling out any person for special and unfair treatment, simply because they don't like that person (because of race, ethnicity, country of origin or citizenship, political ideas, religion, etc.). We should not want to start down the road of denying rights now, because when constitutional rights can be denied to one person they can then be denied to anyone by the government. Rights must be absolute to have any value at all.

Don't get me wrong. I hope the perpetrator of the Boston bombings is caught, charged, convicted, and severely punished -- but only after upholding their rights, including the reading of Miranda rights, and the guarantee of a fair trial. Failing to do that would do more serious damage to this country than any terrorist (homegrown or foreign) could ever do.

Senator Collins should be ashamed of herself.