Comment Re:undocumented immigrant (Score 5, Insightful) 440
Why does the fourth amendment apply? If he is not a citizen of the US, our laws shouldn't protect him.
Because the Constitution is a document describing what powers the government has and how these powers may be used. It's like a default-deny firewall: the government has no powers whatsoever, except these enumerated powers. The Constitution is emphatically not a document describing what rights a person (citizen or not) has and when they will be honored.
The document was written based on the idea of "natural rights". You have certain rights simply because you are a human being; the government either recognizes that or it becomes dysfunctional and fails to fulfill its major purpose, which is to protect your natural rights. The Founders (mostly Deists) explained it in terms of us having been "endowed by our Creator" with such rights. You could also remove the Creator-concept entirely and argue that such a system simply works better and does the greatest good for all involved, and thus is inherently superior to systems that reject the concept of natural rights.
You don't have rights merely because the government deigned to let you have them, or decided that depriving you of them wasn't worth the trouble. A system where that's the foundational principle has lost even the pretense of human dignity. That kind of system wouldn't even have to bother with the incremental "hey we have an excuse that sells (protect the children! stop the terrorists!)" encroachment of liberty that we're seeing now. It could just go straight into open tyranny without having all those little baby steps for naive people to ignore.
You may wish to brush up on a little American history, specifically why the Tenth Amendment was written. It affirms that the federal government has only those powers which are delegated to it, with the rest being reserved by the states and the people. I'm all for deporting this guy, by the way. We should either enforce our immigration laws (like Mexico and every other sovereign nation) or repeal them, but if we're going to arrest this man, there's a process that must (and should) be followed.