Does a foreigner on foreign soil have Fourth Amendment rights?

That’s the subtitle of a Wall Street Journal op-ed.  The answer should be obvious, too: it would be the height of jingo-ism to assert US government jurisdiction over non-citizens outside our borders—outside, for instance, the 14th Amendment’s subject to the jurisdiction of the US.

Firing into another country at a foreign national, especially one that’s a citizen of the country being fired into, could well be a violation, but that potential would be a violation of a different set of circumstances than the question before the Supremes in the present case, Hernandez v Mesa.  That other set of circumstance has to do with international relations, foreign policy, the nature of casus belli, and on and on—and all purely political matters, not legal ones, and so not only a different set of circumstances, but a matter that’s outside the reach of court jurisdiction.

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