Does the US constitution apply to non-citizens?

Us Constitution
packa asked:

Does “the people” in the US constitution refer to non-citizens as well?


Question posted courtesy of: Caffeinated Content

15 Responses to “Does the US constitution apply to non-citizens?”

  1. Hell no it doesn’t. That’s why we need to treat illegals as criminals. They are NOT protected under OUR Constitution.

  2. no…it covers those who have taken an oath to protect and defend

  3. Parts do, parts don’t.

    Parts are re-interpretted year to year by Supreme court justices.

    For instance, within US borders, until the advent of Bush, the law of the land was that anyone accused of a crime by the state was allowed to see the body of evidence against him, whether he was a citizen, a tourist or an illegal.

    The “Hell Nos” you’ll see elsewhere here are more a reflection of the desire of the people saying them than reality. The majority of rights given to citizens are also given to non citizens (Freedom of speech, to practice religion, etc).

  4. That is a good question. I believe it does and that is why many of the Guantanamo detainees are finally getting the chance to challenge their detentions.

  5. law of the land applies to everybody regarding activities of a person performed in a country. hence even foreigners i.e. non citizens are bound by the U.S. Law and constitution for all their activities in USA. However, “the people” refers to the U.S. citizens.

  6. Yo packa (something)
    Only indirectly by way of the statues having to do with the conduct OF the judicial system ! And, it is by way of the structure of basic judicial behavior Under the Constitution
    that grants people (period) a swift and speedy trial — a supposed innocence until proven guilty — ect. !!
    It is a moot issue of expectations that any and all people within a jurisdiction of ANY court of law — abide BY the applicable laws and statues — be they local, state, or Federal — and the “rights” that these people are granted (foreign nationals) is offered as a part of the standards set forth within the Constitution for the basic conduct OF the legal system !!

    So, in essence (be it indirect or direct) the answer here is
    Yes, it does apply to them !!

  7. No it applies only to those that have made the effort to become naturalized. The rest want the benefits without the commitment.

  8. The US constitution applies to all residents, just like all our laws applies apply to all residents. Only difference is non citizens cannot vote and of course tby definition hey would not be subject to charges of treason.

    As residents of the country they enjoy all the other rights we citizens enjoy.

  9. Your blog is interesting!

    Keep up the good work!

  10. The question is a red-herring.

    For the most part, the Constitution does not apply to citizens. It does not apply to non-citizens, either. It applies to the federal government, saying what it CAN and CANNOT DO.

    An example: your parents prohibit you from shooting at people with your new bb-gun. They don’t have to say if this applies to your family only, or to anyone on your block, etc. It’s simple: YOU aren’t allowed to SHOOT at people.

    This is the way it the Constitution is written, for the most part. Interesting, eh?

  11. It’s not a matter of opinion, as in the first two (bigoted) responses. It’s a fact:

    A permanent resident alien is entitled to constitutional protection. See Landon v. Plasencia, 459 U.S. 21, 32-4 (’82) (‘[O]nce an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.’).

  12. Only to US citizens, born and/or naturalized.

  13. Unbelievable!, the self-righteousness of some of us! WE THE PEOPLE recognize the INALIENABLE rights of all faiths and all races, and we believe that “all men are created equal”, just so long as they live in this country?!?! Its heartbreaking and at times embarrassing the mentality of some Americans.

  14. The Supreme Court successfuly upheld the 2nd admendment. The only thing concerning about this case was that it ended up with a 5-4 majority.

  15. The US Constitution and Bill of Rights was written for and hence empowered those who were here. Never ever was these rights meant to empower foreign criminals who gained access to this country through illegal means. Now hypothetically to think that if a foreigner came to America legally should they be entitled to all the rights and privledges granted to those who are citizens. Well by all means. But to think that someone can geographically defeat our borders and earn the rights that other people gave their blood, sweat and tears for is obscene. I dont care where you were born. If you parents were not citizens you are not a citizen. That is how it should be. And another thing America. It is disgusting that one foreigner can easily “buy” citizenship in America while another who came from nothing could barely hope to gain citizenship after a lifes worth of sacrifice. Just another example of what really drives America. Greed = Injustice

    As much as I would love to have been proud of my beloved America. So much of what has been allowed to take place here makes me ashamed to have unwillingly been a part of.

    Democracy and capitalism, nothing more than the power of choice driven by profit.

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