Clash at the Capitol: Does the Constitution Protect Everyone—or Just Some?

On May 8, 2025, a Senate hearing turned into a constitutional showdown that’s still reverberating across social media. Senator Jeff Merkley (D-Oregon) grilled FBI Director Kash Patel on a question that cuts to the core of American values: Do illegal aliens have a right to due process under the Constitution? The exchange, captured in a viral X post by

@RickyDoggin, has sparked heated debates about immigration, constitutional rights, and the role of the FBI in upholding justice. Let’s dive into this fiery moment, unpack the legal stakes, and explore what it means for the future.

A Tense Senate Hearing

The image from the hearing, broadcast live on C-SPAN3, shows Senator Merkley pressing Patel on the Fifth Amendment. Merkley asked whether individuals deported under the Alien Enemies Act of 1798—a wartime law recently invoked by the Trump administration to target alleged gang members—are entitled to due process. Patel’s response? Evasive at best. “It’s not for me to call the balls and strikes on it,” he said, dodging the question. Merkley pushed back, pointing out that the Constitution’s Fifth Amendment guarantees due process to “all persons,” not just citizens. “It concerns me you’re not familiar with the core concept,” Merkley added, visibly frustrated.

The X post, shared at 04:03 UTC on May 9, 2025, quickly gained traction, racking up replies that range from outrage to memes. One user,@slavetosystem, paired their reaction with a Capcom game image of a werewolf howling at the moon, asking, “What’s wrong with these people?” Others, like@AshfordSyl86024 referenced a “full moon” to explain the Democrats’ intensity, while@Oyster35378798 quipped, “Since when do Democrats care about the law?” The post’s caption—“Democrat Senator Attacks FBI Dir. Kash Patel’s Intelligence Over Illegal Alien Due Process Question”—frames the exchange as a clash of ideology, with Patel “clapping back” at Merkley’s lecture.

Who Is Kash Patel?

Kash Patel isn’t your typical FBI Director. A Trump loyalist, Patel was confirmed in late 2024 after a contentious Senate battle, with Republicans ultimately rallying behind him. His background is steeped in right-wing circles—he’s a former host of Kash’s Corner on EpochTV, a consultant for Trump’s Save America PAC, and even co-produced a charity record with Trump called Justice for All, featuring a choir of January 6 defendants. Patel’s ties to QAnon rhetoric and his founding of The Kash Foundation, which supports January 6 participants, have made him a polarizing figure. Critics, like Merkley, question whether he’s fit to lead the FBI, especially when it comes to interpreting constitutional rights.

The Constitutional Question at Stake

At the heart of this debate is the Fifth Amendment, which states that no person shall be “deprived of life, liberty, or property, without due process of law.” Legal precedent, including the Supreme Court’s 2001 ruling in Zadvydas v. Davis, has long held that this protection extends to “all persons” within the U.S., regardless of immigration status. The Court has also suggested in cases like Demore v. Kim (2003) that while the government can detain aliens during removal proceedings, indefinite detention without due process raises constitutional red flags.

But the Trump administration, backed by Patel, has taken a narrower view. They’ve leaned on the Alien Enemies Act of 1798—a law originally meant for wartime—to justify detaining and deporting individuals, like alleged members of the Venezuelan gang Tren de Aragua, without what many legal experts consider adequate due process. A federal judge in Texas ruled this invocation unlawful on May 1, 2025, citing the act’s misuse outside of wartime. Yet Patel’s refusal to commit to investigating due process violations has raised alarms about how the FBI might handle such cases under his leadership.

Why This Matters Now

This isn’t just a legal spat—it’s a window into a broader battle over immigration policy and constitutional rights. The Trump administration’s hardline stance on immigration has often clashed with established legal norms, and Patel’s appointment signals a continuation of that approach. But as

@AnaBredenberg commented on the X thread, “These people twist the Constitution, and it’s getting very old. They think the people can’t understand it.” Her frustration echoes a growing sentiment: Are our leaders cherry-picking the Constitution to fit their agendas?

The Alien Enemies Act itself is a relic of a different era, passed in 1798 when the U.S. had no formal immigration laws. Today, its use to justify mass deportations—without due process—conflicts with the American principle of individual justice. As the Brennan Center for Justice notes, the act “poses an alarming risk of abuse and rights violations,” especially when wielded against entire groups based on identity rather than individual actions.

Social Media Reacts

The X thread reveals a polarized public. Some users, like@Leilalopez8524, cheered Patel, saying he “stood his ground and made a fool out of Merkley.” Others, like@JadedApe420’s post calling Democrats “hopeless vermin scumbags with no morals”—show how quickly these debates devolve into tribal name-calling. It’s a reminder that while the legal questions are complex, the emotional stakes are even higher.

What’s Next?

Patel’s tenure as FBI Director is just beginning, but this hearing sets a concerning tone. If the FBI won’t investigate potential due process violations, who will? And as the Trump administration continues to push aggressive immigration policies, how will the courts respond? The tension between national security and individual rights isn’t new, but it’s rarely felt this urgent.

For now, the public is left to grapple with the same question Merkley posed to Patel: Does the Constitution protect everyone, or just some? It’s a question that strikes at the heart of what America stands for—and one we can’t afford to ignore.

Let’s Talk About It

• Do you think the Fifth Amendment should apply to illegal aliens, or should national security take precedence?

• Is Kash Patel the right person to lead the FBI, given his controversial background?

• How can we balance immigration enforcement with constitutional protections in today’s climate?

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