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Who does the Bill of Rights cover?
This Week | 2 Dec 01 | Bob Barr

Posted on 12/02/2001 8:50:01 AM PST by H.Akston

Bob Barr just said on Sam and Cokie's show that the Bill of Rights is part of the Constitution, and the Constitution covers "persons", not just citizens, and "the Bill of Rights applies to all persons on our soil."


TOPICS: Miscellaneous; Your Opinion/Questions
KEYWORDS: billofrights
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To: afraidfortherepublic
"We have NOT extended freedom of political speech..."

On another thread, someone related how Elton John had participated in a political rally for Al Gore, he helped raise funds, and made comments about the upcoming election. I also throughly enjoyed many political editorials by Andrew Sullivan published on US papers before, during, and after the elections. Foreign nationals may not contribute funds to a political campaign (not that it ever stopped Algore) but that pretty much is the extent of the limitations on freedom of speech. One last thing, the Cuban radio stations in Miami worked their butts off to get Dubya elected, the most prominent radio pundit in Miami of Cuban descent isn't a citizen.

"...and the right to vote."

Correct, non-citizens cannot vote.

I was going to go and on about your comments on about your trip to China, and your comments about how we do not restrict the freedom of people to move about freely in our country, and China doesn't.

That should be very obvious why, you see, we believe that all men are created equal, that their rights are granted by God, not by a government, or even citizens, they are a totalitarian State.

To believe otherwise is to say that either the Founders where wrong when they said that rights come from God, or that they lied when they said that all men are created equal.

241 posted on 12/02/2001 3:42:54 PM PST by Luis Gonzalez
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To: yall
Stand and Deliver

The Freepathon is on!!

This is an expensive operation

To keep it Going
Click the Logo
For the Secure Server

So9

242 posted on 12/02/2001 3:43:43 PM PST by Servant of the Nine
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To: H.Akston
I haven't had time to read this whole thread, so other might have covered this.

The Constitution is a document, actually a contract of sorts, that delegates authority and power to the Federal government. It also places strict limits on the federal government of the United States. It empowers the Congress to act in certain specific areas. It empowers the Executive to execute those acts, and the Judicial to ajudicate disputes involving the federal government and to review acts of the Congress to be certain that they act within the limitations of the Constitution.

The Bill of Rights protects our rights by prohibiting the Congress and the Federal government (and in some cases the several states) from violating our rights. These amendments are limitations on the power of the federal government, not grants of rights to people. As they are limits on the federal government, they apply whenever the Congress and the executive acts. These limits generally apply no matter whether the actions are against United States citizens, or against foreign citizens living in the United States as guests on visas and "green cards."

As to your statement:

Doesn't he realize that the Bill of Rights and the Constitution clearly identifies who is covered by the words "WE THE PEOPLE OF THE UNITED STATES", and that not everyone on this soil is "OF THE UNITED STATES"?
Note that the constitution starts "We the People" not "We the Citizens". It applies to all people (legally) in these United States, not just citizens.
243 posted on 12/02/2001 3:43:45 PM PST by cc2k
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To: logic101.net
So this means that if there is an invasion by say, Red China, we can't just shoot people in the uniform of Red China on sight, we have to call a cop to arrest them?

Only upon probable cause that each particular of the arms bearing gentlemen have committed a specific crime. ...And for many, if the officer did not witness the act himself, a complaint be filed in writing, and a judge signing a warrant.

244 posted on 12/02/2001 3:43:49 PM PST by lepton
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Comment #245 Removed by Moderator

To: Gumption
No. Even as non citizens, while they're within the jurisdiction of the United States, they're entitled to "equal protection of the laws"(14th amendment).

The reason they ask for citizenship is so they can stay as long as they like, and won't be deported for breaking any INS laws. If they are granted citizenship, they won't have to worry about that.

That's self-contradictory.

246 posted on 12/02/2001 3:45:52 PM PST by lepton
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To: Iwo Jima
"But we are educating them, whether they like it or not. "

It's not easy.

There are some here who still don't understand "that aliens receive constitutional protections when they have come within the territory of the United States and developed substantial connections with this country. "
and are claiming that everybody here has full Contitutional rights.

Maybe you can starighten them out.
It would be a shame to see your fine work on this thread ignored.

247 posted on 12/02/2001 3:48:18 PM PST by mrsmith
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To: tex-oma
...illegals have the same rights as you.

That is correct.

No,that is NOT correct. Illegals DO have the right to not be beat on or otherwise abused by agents of the gooberment,but they do not have the same rights as people here legally or who are citizens. They don't even have the legal right to work. The fact that the Dims and Bubba Bush want to grant them these rights is irrevelant.

248 posted on 12/02/2001 3:50:02 PM PST by sneakypete
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To: Wissa; MadameAxe; Mercuria; carenot; JD86; Uncle Bill; Texasforever; AnnaZ; Jeff Head; Cato...
*******************

To: MadameAxe
"...Regardless of my opinion on the matter though,
whether something is unconstitutional or not
depends on how the SCOTUS interprets it.
# 206 by Wissa

************

On this I have to say that you're wrong, Wissa.
Your opinion, and mine, is more imoprtant than the Courts.

That's why we have a 7th Amendment,
protecting our right to trial by jury.

If the law as written, and the opinion of the Judges, were all that mattered, we wouldn't need trial be jury. A jury has the power to nullify bad law. You, as a citizen and potential juror, are a check against violations of your fellow citizen's rights.

Do you believe that "politically correct" speach enforcement violates our right of free speach? Do you believe that a man has the right to kill in defense of his property and family? Do you believe that we have the right to weapons, without a background check first? Do you think that the "War on Drugs" is wrong, that people should be allowed their drugs just as others are allowed their beer? Ignore what the Judge tells you when he says, "The only thing that matters is did he violate the law." The Judge is lying, and he is lying on purpose. The Supreme Court ruled years ago that a Judge doesn't have to tell you the real power you possess.

Fulfill your Constitutional duty if called for jury duty.
Show up.

If anyone asks you
if you've ever heard
of Jury Nullification,
say with a straight face, "No."

Go to trial, and vote what you think is right.

249 posted on 12/02/2001 3:50:17 PM PST by exodus
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To: afraidfortherepublic
As a result, I never encourage foreign nationals to engage in political activity -- no posters in the windows of their businesses, no political contributions, nada. I would never want to be responsible for getting someone in trouble with the INS. But once they have citizenship, it's "Katie bar the door!" I'll hound them to register, to vote, and to contribute to my favorite candidates! LOL!

Yeah. It'd be a real bummer if we let the PRCs populace vote in our elections. Even if they don't like their own government, they're not likely to do well with ours.

250 posted on 12/02/2001 3:51:50 PM PST by lepton
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To: Gumption
Article 1, Section 8 talks about the things that Congress is responsible for, it does not name the INS.

The INS is part of the Executive Branch, not the Legislative Branch, whose duties you quoted.

251 posted on 12/02/2001 3:52:03 PM PST by Luis Gonzalez
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To: ninenot
Kinda. Now having read the whole thread, I understand that the Supremes have ruled that certain Constitutional rights apply to non-citizens. One might conclude that those 'applicable' rights are identical with "human" rights...

Most of those "rights" are local law.

252 posted on 12/02/2001 3:52:57 PM PST by lepton
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To: go star go
They can walk into a gun shop, go through the background check, and walk out with a gun and head straight to the airplane with your husband and kids on it.

C'mon,go ahead and admit it. This is all about you wanting the gooberment to protect you,isn't it? It has to be about fear,or you would realize that someone here illegally can not legally buy a gun. Anybody who has ever filled out a Form 4473 knows this.

253 posted on 12/02/2001 3:53:33 PM PST by sneakypete
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To: go star go
And you have no problem with non-citizens voting...

Voting is a privledge,not a right. It's also controlled by the individual states,not the federal gooberment.

254 posted on 12/02/2001 3:55:32 PM PST by sneakypete
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To: afraidfortherepublic
You seem to be suggesting that our unalienable rights are given to us by the Constitution

That must be true because I don't have those rights as an American in another country, do I?

Wrong supposition. Unalienable rights exist without governments. Our Consistution requires our government to recognize and respect certain rights. Other governments don't necessarily recognize them. Our rights aren't GIVEN by our government, they are PROTECTED by our government through our Constitution.

255 posted on 12/02/2001 3:56:01 PM PST by cidrasm
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To: exodus
I would point out, ninenot, that if spies and saboteurs captured in wartime were accepted as having the right to challenge the court system, they legally, according to our courts, have all other rights as well.

That does not follow logically. They were trying to claim that they had other rights, and were denied.

256 posted on 12/02/2001 3:56:14 PM PST by lepton
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To: LizM
The acts of 9/11 are in violation of the conventions of war because civilians were targeted and they may be appropriately punished.

Also, they were not in uniform.

257 posted on 12/02/2001 3:57:42 PM PST by lepton
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Comment #258 Removed by Moderator

To: athiestwithagun
. The BoR is not a grant of privilege to the "people" but a set of restrictions on the power of the State.

Yup! I have no idea why more people who call themselves "conservatives" don't know this.

259 posted on 12/02/2001 3:58:13 PM PST by sneakypete
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To: logic101.net
MARK A SITY http://www.logic101.net/

I'm hoping that you are smart enough to learn. If you are,you are going to be horribly embarrassed to have been using that screen name.

260 posted on 12/02/2001 4:01:45 PM PST by sneakypete
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