Conventional wisdom and many lower court cases hold that foreign states are not entitled to constitutionally based personal jurisdiction protections in federal courts because they are not “persons” protected by the Fifth Amendment. That reasoning is incorrect.
Civil Liberties and Constitutional Rights
Too often, national security and personal liberties are portrayed as inversely related. This is simplistic, and also clearly wrong. After all, in the absence of security, it would be impossible to enjoy our freedoms at all. Nevertheless, some of the hardest national security choices are inevitably those that involve tradeoffs with civil liberties. The need to gather information on our enemies rubs up against expectations of privacy. The eroding line between war and law enforcement endangers principles of due process. And the need to keep secrets increasingly leads to tension with a robust free press.