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."
No, they don't. Our Constitution is for the CITIZENS of this country who have extended SOME of their rights to those who are here visiting. Just look into the INS, if you don't believe me.
If you are here as an alien resident, you may not engage in political activity (1st Amendment) by campaigning for a candidate, donating money or time to political campaigns, etc, and are subject to deportation if you do.
If you break any of our laws, you are subject to deportation, although the judge can choose not to enforce that.
Those are just two of the "rights" you do not have if you are not a citizen. I'm sure there are others, but those two stand out as areas where alians are not protected by the Bill of Rights.
As such, it covers the U.S. Government.
Does it preclude the U.S. Government from violating the rights listed therein of, say, foreigners in foreign lands? Uh, only if you think things like "wars", which are organized government efforts to kill foreigners, are unconstitutional (for violating those foreigners' right to life, as mentioned in the 5th Amendment). Which would be odd, to say the least, since the Constitution specifically describes how to declare war.
In WWII Japan took over one of the AK islands, should the invading solders have been accorded all the rights of citizens?
And Tex, why should we stop at enemies of our nation being granted the rights of citzens only if they are on our soil? Shouldn't we have granted the Jap Air Force the rights of citizens while they were over our soil on Dec 7, 1941?
And you have the gaul to call HA a moron?
MARK A SITY
http://www.logic101.net/
That must be true because I don't have those rights as an American in another country, do I?
So, taking it to the extreme, does that mean that we could beat confessions out of foreigners? Possibly, possibly. It may be that we CHOOSE to extend the same protections to noncitizens, not that our constitution REQUIRES it.
If an air marshall arrests a terrorist on a plane and doesn't Mirandize him, does the terrorist catch the next flight?
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
That's the answer to your question. (period)
A Frenchman does not have the right to engage in any political activity in the USA (he is denied 1st Amendment protection.) He cannot donate to campagns (despite X42 and Algore's attempts to garner donations from overseas) and he cannot distribute campaign literature, and he cannot give or attend fundraisers. Thus, he does not have the protection of the 1st Amendment of the Bill of Rights.
The right to a speedy trial is not an unalienable right.
Few rights in the Bill of Rights are unalienable.
Even life and liberty can be deprived, if due process of law is adhered to, as it says in the 5th Amendment.
That doesn't mean it should be difficult to arrest, wiretap, or detain suspected al-Qaeda members, warrants should be particularly easy to get since September 11th. And non-citizens have no constitutional right to stay here, just rights while they ARE here; if here illegally, they can be deported or detained without violating their constitutional rights!
Which, technically, does not apply to our current situation.
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