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Do constitutional rights apply to American citizens only?

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cwb01

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or do they apply to every human being in the whole world.
 
Do they even apply to American Citizens?

My 2nd Amendment rights stop at my front door (in MD, may issue state.) I can be surveiled/searched without a warrant.
 
No, they don't. Our constitution applies to our citizens. Don't tell Schumer though. I prefer his head remain up his ass.
 
I know of the Constitution of the United States of America; never heard of the constitution of every human being in the whole world.
 
upsideguy said:
Welcome to amateur hour, where we all get to present our ill-informed opinions on an issue that requires considerable expertise. So, unless someone on this thread is actually a constitutional scholar, I suggest we defer to the experts...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

...who, will tell us that the Constitution does, indeed, generally apply to all on US soil.
Click to expand...

no one said it doesn't

Or at least pretty much so

There are exceptions
 
cwb01 said:
or do they apply to every human being in the whole world.
Click to expand...

They apply, in part, to anyone in the United States.

For example, if you're a foreigner and get arrested here, you still have the right to a fair, speedy trial, you still cannot be sentenced to cruel or unusual punishments, etc...
 
cwb01 said:
or do they apply to every human being in the whole world.
Click to expand...
The Constitution has legal force in all US territory. This includes Guantanamo Bay, Puerto Rico, US embassies in foreign nations etc

Someone who flies into the US and overstays a tourist visa is not a US citizen, but they are protected by the US Constitution and its laws. As such, they are entitled to due process, protection from self-incrimination and other rights.

Many rights protected by the Constitution are recognized as human rights, and receive legal protection in other nations. Many nations today do not adopt the US Constitution as their model, they follow the Canadian Charter of Rights and Freedoms, and are less stingy about the rights they protect. (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1923556)

The UN also has the Universal Declaration of Human Rights.
 
MaggieD said:
U.S. Constitutional rights apply to everyone on our soil.
Click to expand...

Every citizen, not every person. A non-citizen can't purchase, own, nor carry a gun.
 
upsideguy said:
Welcome to amateur hour, where we all get to present our ill-informed opinions on an issue that requires considerable expertise. So, unless someone on this thread is actually a constitutional scholar, I suggest we defer to the experts...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

...who, will tell us that the Constitution does, indeed, generally apply to all on US soil.
Click to expand...
Well I wouldn't defer to this expert. His opinion regarding due process, for example, didn't seem to be shared by any of the Supreme Court Justices who decided Hamdi a year later.
 
apdst said:
Every citizen, not every person. A non-citizen can't purchase, own, nor carry a gun.
Click to expand...

I'm betting the 2nd Amendment is the exception. In fact, the Second Amendment says NOTHING about citizens only. Having to apply the Constitution to noncitizens is why many so oppose bringing Gitmo prisoners to the United States.
 
MaggieD said:
U.S. Constitutional rights apply to everyone on our soil.
Click to expand...



some do and some don't

The right to own a gun

The right to vote

The right to remain in this country

All those are reserved for citizens
 
cwb01 said:
or do they apply to every human being in the whole world.
Click to expand...

I am curious, what makes you think the rest of the world would even want such a document? I would more be an advocate of getting rid of what can only be described as an albatross around the neck of america. America is in a good position to follow the two of three countries in the world that do not have a written constitution. Considering that many americans have converted that document, in their minds, to being one of a holy record of gods will rather than the social contract that it should be. It means that america is stuck with a legal interpretation that is 200 years out of date.

Why do you want such a useless document and why would you think anyone in the world would want to get stuck with the problems it cause you?
 
MaggieD said:
I'm betting the 2nd Amendment is the exception. In fact, the Second Amendment says NOTHING about citizens only. Having to apply the Constitution to noncitizens is why many so oppose bringing Gitmo prisoners to the United States.
Click to expand...

On the background check, it asks if you're an American citizen. If you answer no, the transaction is terminated.
 
Mac77 said:
Liberals seem to think they apply to the world
Click to expand...

No, liberals think the constitution restricts the government.

There's nothing in the first amendment that makes an exception for foreigners.
 
upsideguy said:
Welcome to amateur hour, where we all get to present our ill-informed opinions on an issue that requires considerable expertise. So, unless someone on this thread is actually a constitutional scholar, I suggest we defer to the experts...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

...who, will tell us that the Constitution does, indeed, generally apply to all on US soil.
Click to expand...

Thank you for restoring my sanity in this thread.
 
Mac77 said:
Liberals seem to think they apply to the world
Click to expand...

Only people under the JURISDICTION of the US. Refugees aren't, nor any other person who is a citizen of another country. All need to be approved. So now those in seven countries are banned for 120 days until our vetting process is reviewed.
 
upsideguy said:
Welcome to amateur hour, where we all get to present our ill-informed opinions on an issue that requires considerable expertise. So, unless someone on this thread is actually a constitutional scholar, I suggest we defer to the experts...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

...who, will tell us that the Constitution does, indeed, generally apply to all on US soil.
Click to expand...

Cue nitpicking argument on whether an airport is US soil. Or if refugees are people.
 
All persons inside the U.S. enjoy Constitutional protections. However, citizens enjoy the full protections; legal permanent residents are afforded all protections but those reserved for citizens (e.g., right to vote); and, all others enjoy protections except for those reserved for citizens and permanent residents (e.g., due process belongs to everyone within U.S. borders). People outside the U.S. do not enjoy U.S. constitutional protections. The U.S. Constitution does not have extraterritorial jurisdiction.
 
upsideguy said:
Welcome to amateur hour, where we all get to present our ill-informed opinions on an issue that requires considerable expertise. So, unless someone on this thread is actually a constitutional scholar, I suggest we defer to the experts...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

...who, will tell us that the Constitution does, indeed, generally apply to all on US soil.
Click to expand...

Perhaps a more interesting question would be:

Should the Constitution apply to non-citizens within US territory?

After all, foreigners in many other countries have essentially no rights as compared to the nation's citizens.
 
Deuce said:
No, liberals think the constitution restricts the government.

There's nothing in the first amendment that makes an exception for foreigners.
Click to expand...

the question was does the Constitution apply to people all over the globe?

And the clear answer is that it doesn't
 
DifferentDrummr said:
Perhaps a more interesting question would be:

Should the Constitution apply to non-citizens within US territory?

After all, foreigners in many other countries have essentially no rights as compared to the nation's citizens.
Click to expand...

No it shouldn't
 
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