re: #302 lawhawk

I think there are a couple of distinctions that apply. Reid v. Covert involved a crime committed on a US military base (American soil, but overseas). They were tried by military court martial instead of a civilian court. The S.Ct. ruled that this was improper and the Constitutional protections extended to them.

However, there’s a different case that applies to terrorists and citizenship. Since the 1967 case Afroyim v. Rusk, it’s been nearly impossible for someone to be involuntarily stripped of U.S. citizenship because it requires that you will only lose your citizenship if you do so with the intention of relinquishing United States nationality. It’s a standard that’s pretty tough to meet, though it hasn’t stopped the US from carrying out the UAV strikes against Awlaki and others who fight for AQ despite being US citizens.

It’s arguable that taking up arms against the US as part of a terror group constitutes a voluntary renunciation of citizenship. I’d posit that it is indeed a voluntary renunciation of citizenship to take up arms in that fashion.

Actually, I’d argue that taking up arms against the US qualifies as treason per the constitution. Which does not, AFAIK, strip one of citizenship. And which further requires a trial and conviction prior to sentencing.