Fifth Amendment Rights: Not Valid Outside the United States Essay

Fifth Amendment Rights: Not Valid Outside the United States Essay

Length: 1499 words (4.3 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

Are you always entitled to the protections of the Constitution’s Fifth Amendment based solely on the fact that you are a citizen of or reside in the United States? The Fifth Amendment only applies to people, citizens or not, who are within the U.S. borders. If every person from the U.S. were entitled to the same constitutional rights outside the borders, as they are within, then the U.S. Government would not be able to use extraordinary rendition to interrogate persons of interest. Also, the U.S. Government would not be able to launch attack missions against their own citizens, whom are in a different country, if they were still protected by the Fifth Amendment. Lastly, people from the U.S. would not be held captive indefinitely, in another country for their alleged crimes, if they still had these protections.
Many people in the U.S. believe that a person is entitled to their constitutional rights no matter where they are. People think that simply because one is a citizen or resident of the U.S. one is automatically given these rights and they cannot be taken away for any reason. Others however, feel that a person should be held accountable for any crimes committed no matter where they go or what the punishment is. People constantly debate on the constitutionality of the actions the U.S. Government has taken against different individuals because of this difference in beliefs.
For example, the Government uses extraordinary rendition to get by with using interrogation methods that are not permitted under the U.S. law. According to The New York Times article titled “Rendition, Torture and Accountability” published on November 19, 2007(editorial), extraordinary rendition is “America’s notorious program of outsourcing int...


... middle of paper ...


...en to you by one country when you are being detained in another. The U.S. soldiers faced this same scenario during the Vietnam War, when they were held as POWs. These soldiers were held captive, subject to extreme living conditions, and tortured. They were not able to invoke their Fifth Amendment rights while they were being held captive. If these soldiers, who were protecting the United States, were not entitled to their Fifth Amendment rights, do you think that you will be entitled to yours in a foreign country?



Works Cited

New York Times article "Rendition, Torture and Accountability" published November 19, 2007

New York Times article "North Korea Prepares to Indict American" by Mark McDonald published April 17, 2011

Chicago Tribune article "A Terrorist's Due-U.S. Citizenship is not a Shield from Consequences of War" published on October 6, 2011

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

United States Policy Policies And The Fundamental Voting Rights Essay

- United States disenfranchisement policies illegitimately strip individuals of their fundamental voting rights. Politically sterilizing felons and ex-felons is undemocratic, unjust, and violates constitutional amendments and clauses. These policies have an unequal effect on men and minorities and disproportionately deny the civil rights of these two groups. Policy intervention is necessary to resolve these problems. This memorandum reports on the problems associated with felon disenfranchisement....   [tags: United States, Law, Felony disenfranchisement]

Powerful Essays
888 words (2.5 pages)

Essay on Chinese Immigrants in the United States

-     More than three hundred thousand youths are destined to be unlawful settlers in the United States. Despite the outside citizenship and unlawful status of the guardian, the official extension of the United States government consequently perceives these kids as United States citizens upon conception. The same is valid for kids destined to vacationers and different outsiders who are available in the United States in a legitimate yet makeshift status. Since substantial-scale tourism and mass unlawful migration are late phenomena, it is indistinct for to what extent the United States government has taken after this practice of programmed "bequest citizenship" without respect to the span or l...   [tags: citizenship, illegal aliens]

Powerful Essays
1614 words (4.6 pages)

The Declaration Of The Fourth Amendment Essay

- Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act....   [tags: Fourth Amendment to the United States Constitution]

Powerful Essays
1997 words (5.7 pages)

Reactions Outside The United States Essay

- Reactions outside of the United States on the basis of Germany You can split the American reactions in three groups as well as you can do it with the reactions in Germany. According to the CIGI-Ipsos Global Survey on Internet Security and Trust almost the whole German public knows something about Edward Snowden and more than every third has reacted and is now protecting his or her online privacy and security better than before the NSA revelations. Every second person in Germany is more concerned about privacy than before and only 15% still think that their private information is safe online....   [tags: United States Constitution, U.S. state]

Powerful Essays
1208 words (3.5 pages)

The Amendment Of The United States Constitution Essay

- Gun Control The 2nd Amendment of the United States Constitution states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ("The Bill of Rights: A Transcription.") Considering this Amendment was ratified in December of 1791, this has been one of the longest laws in the United States. This amendment has been the debate of many political leaders and fellow Americans for years. There are some people who believe that by abolishing or putting regulations on this law that Americans would be and are safer from each other....   [tags: United States, President of the United States]

Powerful Essays
785 words (2.2 pages)

The First Amendment Of The United States Essay

- Briana Muirhead Professor Phillips Government 2305 14 October 2014 The First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (FindLaw). While studying the First Amendment to the U.S. Constitution, it is crucial to understand the history behind writing the law. History of the First Amendment The First Amendment has a long history....   [tags: United States Constitution]

Powerful Essays
1260 words (3.6 pages)

Essay about The Fourteenth Amendment Of The United States

- The Thirteenth Amendment of the Constitution of the United States was the first amendment added to the Constitution immediately after the Civil War. The Thirteenth Amendment officially outlawed slavery. The Thirteenth Amendment was adopted December 18, 1865 which says, “Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2: Congress shall have power to enforce this article by appropriate legislation.” This amendment is the most important amendment of the Reconstruction Amendments....   [tags: United States Constitution, American Civil War]

Powerful Essays
822 words (2.3 pages)

Essay about The First Amendment of the United States Constitution

- The United States Constitution was signed on September 17th, 1787. It did not include a bill of rights and it did not include their freedoms. And so, on September 25, 1789 Congress passed the first ten amendments, which were later ratified on December 15, 1791. The Bill of Rights was created by the Founding Fathers with the intent of restricting the powers of the new national government. The Bill of Rights, however, consists of 10 amendments. The first of the amendments was written because the people at America’s establishment wanted their basic freedoms guaranteed....   [tags: amendments, bill of rights, citizen freedom]

Powerful Essays
1064 words (3 pages)

United States Constitution: Amendment Process Essay

- The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes on the September 17, 1789 United States Constitution was ratified and made law. The amendment of the Bill of rights has made America to continue growing in prosperity through the years and to become one of the most powerful nations in the world. The United States constitution was created with an amendment in Article V. This amendment process allows the constitution to adapt to the changes in the American society....   [tags: bill of rights, bear firearms, amendments]

Powerful Essays
1026 words (2.9 pages)

Current Fourth Amendment Jurisprudence Essay

- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance....   [tags: Fourth Amendment, Rights, United States]

Powerful Essays
1599 words (4.6 pages)