It should be, the US Constitution should apply to government actions ANYWHERE not just actions on US Soil, the US Constitution was never designed to be geographically limited, it was designed to limit what the government was allowed to do, period, in all cases in all lands, everywhere
Sadly the US Court Systems has stated it does not have the authority to apply the Constitution to the US Government when the US Government is acting outside US Soil, it is a ridiculous standard but....
>It should be, the US Constitution should apply to government actions ANYWHERE not just actions on US Soil, the US Constitution was never designed to be geographically limited, it was designed to limit what the government was allowed to do, period, in all cases in all lands, everywhere
No. There's no support for this view in constitutional law.
How so, the entire purpose of the Constitution is to be a limiting document on what the States and we the people have authorized the government to do on our behalf, not just do on our behalf with in the Geographical regions commonly known as the United States
If the IRS can collect taxes from expatriate US citizens living and working overseas, the federal courts can certainly prosecute US citizens for breaking other federal laws while abroad.
Otherwise, those people might as well wipe their backsides with their Form 2555s and mail them back without checks attached!
And that's before you even consider the willingness of US courts to prosecute foreign nationals for breaking US laws on foreign territory, where one or more US citizens may have been tangentially affected by it.
Law enforcement cannot be above the law. It destroys the principles that make laws worth having and enforcing.
Congress is capable of enacting laws with extraterritorial reach. I am unaware of any law that should be interpreted to criminalize the NSA's international spying.
then there Article 2 Section 8 which does not grate the authority to create and agency such as the NSA or preform international Spying thus since the constitution does not expressly grant such authority the Federal Government is barred from such activity
Sadly the US Court Systems has stated it does not have the authority to apply the Constitution to the US Government when the US Government is acting outside US Soil, it is a ridiculous standard but....