[alpowolf]

Mmmmmm...my first thought is that it would cover anyone who is on U.S. soil. After all, aren't foreign visitors obliged to obey our laws when they're here? If the BOR doesn't apply to them, how do any other laws?

That's a genuine question, not a rhetorical one. Any legal eagles out there?

[rogers21774]

Very compelling thoughts. I've always sided with those who think that constitutional rights are guaranteed only to citizens.

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?

[Protagoras]

After all, aren't foreign visitors obliged to obey our laws when they're here? If the BOR doesn't apply to them, how do any other laws?

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?

[middie]

The answer is that all persons within the territorial boundries of the U.S. and thus subject to U.S. jurisdiction are covered by the BOR and its guarantees. This includes all legal--repeat, legal aliens. A person here in an unlawful status does not have such protections, thus the lack of a requirement to provide them with a hearing prior to deportation. The Sup. Court has answered this in the criminal context without ambiguity. The Constitution does not have any extra-territorial effect unless by virtue of a bi-lateral treaty with a foreign state to whom we grant some reciprocal benefit.

[exodus]

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To: RebelDawg
"...my first thought is that it would cover anyone who is on U.S. soil.
After all, aren't foreign visitors obliged to obey our laws when they're here?
If the BOR doesn't apply to them, how do any other laws?..."
# 6 by alpowolf
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I would expect that the Bill of Rights would apply to legal resident-aliens.