David Cole says for most of its history, America has had the Bill of Rights wrong. Cole argues that for the founding fathers it was an expression of human rights, one that was intended to apply to all persons. But instead, he says, it has been misinterpreted as a feature of citizenship for Americans alone, and Cole thinks this is wrong.
Free movement, speech, and worship extend to a person, not a passport, he says, and therefore should apply to everyone regardless of whether they hail from Toledo or Tehran. Critics of Cole’s say he favors rights at the expense of reality. When fighting the war on terror, a country, they argue, must be able to refuse rights and privileges to those who aren’t yet members of the club in the name of security. David Cole on the lines between “Us” and “Them.”
Guests:
David Cole, Professor of Law at the Georgetown Law Center and author of “Enemy Aliens”
Jan Ting, Professor at the Beasley School of Law at Temple University