Skip to comments.Who is covered by the Bill of Rights
Posted on 10/18/2001 10:05:22 AM PDT by RebelDawg
I have seen several posts lately where people have made statements that illegal immigrants as well as those persons from abroad visiting here on student, work and travel visas are NOT protected by the Bill of Rights. I have also seen posts by people vehemently opposing that view. I thought about it a while and decided to side with the first group: that is that those individuals who ar enot citizens of this country are not granted the rights listed in the Bill of Rights of the United States of America. My reasoning is quite simple. If you take the stance that the Bill of Rights covers ALL people then what about the gvernments of other countries? does our Bill of Rights supercede those governments? Should we overthrow other governments who violate their citizens first and second ammendment rights? What about China? Good you say??? Well what about England, Canada and Australia? they have clearly violated their citizens second ammendment right! Or is it that they do NOT have those rights and that the Bill of Rights ONLY covers citizens of the United States of America?
Here is a quick quote that I pulled from a sight about the Bill of Rights of the United States of America:
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.Bill of Rights
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.From Article IV
Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.Ammendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievancesAmmendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.Ammendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Ammendment IX
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.Ammendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Are some of you telling me that the term the people as written in the Bill of Rights refers to a global notion of people? I think that is completely absurd, it has the same meaning as in the opening paragraph of the United States Constitution and that is We the People of the United States.
All Rights pertain but rights do not extend beyond the border so your statement about foreign governments is moot.
First of all the ONLY people who have Admendment rights are here in the united States. They have no 2nd rights to infringe in Britian, because there are no gun rights in Britain.
Secondly your highlighted words mentions "the people" not the "People of the united States" If they are here they are protected by the rights of this country. Why? I don't know! I guess it keeps us from murdering foreigners!
Not really contradicting you but adding another angle.
Look, I'm not sure I know what the answer is, but consider the following. Many over the years have argued that what is important about the bill of rights is that it didn't GRANT rights, it RECOGNIZED rights, rights that inherently belonged to people, by virtue of their being, well, people. As the Declaration says, "that they are endowed by their Creator with certain inalienable rights". Notice that the common construction of the amendments is "the right of . . . the people to . . . shall not be infringed", not "the right to.. . is granted to"
However, I don't see where it says we can't control who comes into the country, and deport non-citizens as we see fit.
I'm not a constitutional lawyer.
I didn't even stay at a Holiday Inn Express last night.
The terrorists likely exercised their First Amendment Right to political expression when they wrapped them selves in the American Flag. American flag wavers merely confuse the issue about patriotism. Exercise your uniquely American LEGAL RKBA!
It does appear that the SCOTUS has interpreted the constitution to apply to anyone on US soil. But what does this mean to US citizens traveling to other countries? If I visit Canada, do I in effect forfeit my constitutional rights?
First of all the ONLY people who have Admendment rights are here in the united States. They have no 2nd rights to infringe in Britian, because there are no gun rights in Britain.Thanks that is exactly what I had said. I hope you didn't think I was saying that they did have a second ammendment. That was the exact opposite of my point.
Secondly your highlighted words mentions "the people" not the "People of the united States" If they are here they are protected by the rights of this country. Why? I don't know! I guess it keeps us from murdering foreigners!I don't read it that way. Do you have some other insight as to what "the people" refers to or just your own opinion?
I'm no legal beagle but I'll give it a shot by suggesting that they (the foreigners) are subject to our laws and gain certain rights, not from the constitution, but from treaties with other countries which spell out understandings about how things will be done in certain cases.
I have no idea if I am correct about this but I'm guessing I'm on the right track. Anyone care to inform me about this?
You forfeit your guarantee that those rights will not be infringed (at least to the extent that they're not infringed in the U.S.).
ALL humans have these rights, it's just that nearly all the governments of the world refuse to recognize and guarantee them to their citizens.
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