Who does the Bill of Rights cover?

This Week | 2 Dec 01 | Bob Barr

[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."

[The Raven]

It applies to everyone except terrorists. What's wrong with that?

[The Raven]

It applies to everyone except terrorists. What's wrong with that?

[Roscoe]

Careful! You'll send the open borders crowd into hysterics with comments like that.

[Gumlegs]

If a foreign entity kills (roughly) 5,000 of our citizens on our own soil, we're at war whether or not Congress has passed an act.

[Gumption]

nor deny to any person within its jurisdiction the equal protection of the laws.

It's (the rotten 14th Amendment) not only limited to states. But the 5th Amendment still applies as you said. Which still means that the Bill of Rights covers citizens and non citizens alike (as was the original question)

[Iwo Jima]

The United States Supreme Court case of Bridges v. Wixon, 326 U.S. 135, 161, 65 S.Ct.1443, 1455 stated that "once an alien lawfullly enters and resides in this country he becomes invested with the rights guaranteed by the Consitution to all people within our borders." Many other cases have addressed the application of various amendments in the Bill of Rights to a variety of circumstances -- legal residents, illegal residents, etc. The common outcome is that a non-citizen who has established any type of ties at all as a resident of this country, whether legal or illegal, is protected by all of the safeguards against government contained in the Bill of Rights. These cases cover 100 or more years of Supreme Court rulings by all manner of Supreme Courts (i.e., "liberal" or "conservative"). I am not aware of any serious problems associated with this traditional interpretation of the Constitution.

Now, can you or anyone else cite any legal authority for the starling and provocative assertion that the Bill of Rights does only applies to citizens?

I didn't think so.

[Gumption]

Are you agreeing with me or disagreeing? From what the 14th Amendment says, "citizens" are clearly protected. It's silent on foreigners.

The stinkin' 14th applies to all persons within US "jurisdiction", as it clearly states. Not only citizens.

[Iwo Jima]

"Our constitution covers us only. It does not cover Canadian citizens, French citizens, Mexican citizens, etc."

Our Constitution covers all persons residing in these United States -- citizens and non-citizens -- from our govermment. It does not cover anyone -- even a United States citizen -- in Canada, France, Mexico, etc. from the actions of those governments.

Please see the legal precedents cited in my previous post. Can you cite ANY case or even any single Supreme Court justice who takes the radical position that the Bill of Rights only applies to citizens? Of course not!

[JD86]

does he want to extend American rights to people who don't pay American taxes??

Sure he does, ever hear of Puerto Rico? They carry American passports and don't pay federal taxes.

Ever hear of INVADERS from Mexico attending American schools?
They aren't even here legally but they are allowed access to resources that American Citizens pay for in their taxes.

[Gumption]

Only the first TEN amendments make up the Bill of Rights.

Well you got me there. But the first 10 amendments are no more or less part of the Constitution than the rest of the Amendments. So technically your statement is correct, but is equally as meaningless.

[Colt .45]

"You are a moron and Bob Barr is absolutely correct."

Here for your edification is Section 1 of the 14th Amendment of the Constitution's Bill of Rights -

' 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.

This is the section of the Equal rights which everyone is carping about ... nowhere does it state that Legal or illegal aliens have the guarantee of our Constitutionall afforded rights. It does however specifically state "citizens of the United States"! The pre-amble of the Constitution says '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.' i.e. citizens of the United States!

Finally - Article 9 of the Constitution clearly states - 'The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.' On 9/11 our public security was sundered when the terrorists invaded our shores and committed their illegal acts of war. Whether or not they came legally by visa, or illegally by stealth into this country - they are engaged in seditious and insurrectional acts against the government of this country; and an attempt of permanently usurpating our established laws and domestic tranquillity. They are not citizens of a legitimately recognized Foreign power either - they are non-citizen war criminals of a illegal government. There is only one American citizen among them right now, that is known fact ... he was captured after the uprising in Mazar-i-Sharif ... and he may be afforded the protection of the Constitution. Article 3, Section 3 states -

'Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.' ... So he would be the only one afforded any rights under these articles.

Bob Barr is wrong!

I would submit that it is you who is a moron.

[LiberalBassTurds]

You are right, tex-Osama is a moron proved time & time again in his posts, and Bob Barr is losing it.

[NewAmsterdam]

That quote says it all.

[shuckmaster]

Bob Barr would probably have you believe that the Bill of Rights covers corporations also.

[mdittmar]

I guess thats why we'll catch and try them in a Military Tribunal overseas.

The ones we've caught here may be able to get a trial by a "fair and impartial" jury,if they can find one.

im·par·tial [im prsh'l ] adjective

not biased: having no direct involvement or interest and not favoring one person or side more than another

Hopefully,either way the terrorists will "swing".

[Iwo Jima]

I can't tell you why McCain says or does the things that he does, but he wouldn't know the Constitution if it bit him in the a$$. His tirade against the "gun show loophoole" is not directed at non-citizens -- he wants to limit the 2nd Amendment rights of everyone, including citizens.