they should just make a list of countries or regions - and if you're an american and you choose to hang out there, you suspend some of the right such as "due process" and "miles of paperwork before we can fire back at you".
For instance, if you are an American not in uniform/contractor, and you are "just chillin" in dangerous tribal regions of Afghanistan or "straight chillaxin" in the streets of Fallujah, I tend to think you're up to no good.
I mean, common sense should come in - Nobody accidentally wakes up in an Afghan terror camp. If you are there, and especially if you're armed, you're up to no good.
Another thing - in the early 2000s, it was libs crying about poor little confused Taliban fighter John Walker Lindh.
In 2014, it'd be the repubs crying about his rights