What, in any way, makes you think the US Constitution in Earth Bet in 2011 is the same as it is in our world? Canon Worm shows many places where accepted practice there is clearly unconstitutional here, two examples being kill orders and birdcage sentences. And even here, the constitution has been so watered down as far as enforcement goes over the years that quite a few things which are meant by it aren't actually enacted in the spirit of the thing...
I'd argue that the constitution could be
word for word identical between Earth Bet and here, and the differences be such between the two that what would be ruled unconstitutional here would be ruled constitutional there.
Or, to get more in depth, remember that "
letters of marque" is still part of the constitution. In addition, even our supreme court has found sentences of life without parole to be constitutional. Supermax prisons, other than the possibility of release if proof of innocence is found, are also thus far constitutional. You also have the old "dead or alive" bounties.
Though yeah, as I understand it, Earth-Alpha and Bet are alternative earths where, for example, they actually made the transition to metric. Which could be a difference seen all the way back in 1793, when Jefferson, seeking to standardize weights in the USA, and having heard of and liked the metric system France had adopted, had a set(carried by Joseph Dombey) commissioned to be brought to the states. However, they were
blown off course and waylaid by pirates, so it never arrived. If it had...
But, as I said, I don't actually see any need to rewrite the constitution for Earth Bet, you could even have a storyline where either kill orders or the birdcage are still around and all that, but their constitutionality/legality is questioned, and the court, like with so many other things, is quietly attempting to ignore the problem.
I believe that it would all come down to the
process of issuing a kill-order or birdcage sentence. If, in the case of the kill order, you come up with something that's a combination/mix of the court trying somebody in absentia and declaring war on a specific individual for their illegal acts against the USA, using an interesting reading of the power to issue Letters of Marque... I could see it in the context of "the guy's already killed hundreds,
we can't bring him in."