The Constitution

Sep 21, 2006 11:12

Does a non-Citizen have rights under The Constitution? Does our Constitution apply to everyone in the world?

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Comments 5

gypsy_kitty September 21 2006, 16:31:28 UTC
No, the American Constitution does not apply to everyone in the world.

My understanding is the Constitution of the United States only applies to citizens of the United States living within the borders of the country.

I'm a little fuzzy if it applies to non-citizens living on American soil .. but I'm pretty sure that it's not applicable/enforceable when an American citizen is on foreign soil.

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radishthegreat September 21 2006, 16:45:00 UTC
The U.S. Constitution barely covers U.S. citizens within the national borders. The federal government, along with various state and local governments, starting using the U.S. Constitution as toilet paper in the 1890s.

It applies to American citizens on foreign soil with respect to the American government (i.e., the American government can't quarter troops in your villa in the south of France, the same way they can't quarter troops in your apartment in Milwaukee). Even if you join the Taliban and fight against U.S. troops.

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What part of "ALL MEN" don't you understand? wrm_mpth_genuin September 22 2006, 01:10:03 UTC
If you read the text of the Constitution:

http://www.archives.gov/national-archives-experience/charters/constitution.html

The preamble says specifically applies to "ourselves and our posterity" which means us and those who take over after we're gone. It doesn't specify either just Americans or all people, but most presume it means "Americans."

The Declaration of Independence is more ambitious: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

The word "men" in those days meant -- "people." But that's fallen out of fashion (and rightly so).

In the Sixth Amendment, it says: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial."

It doesn't say -- "only for Americans." It does say -- "ALL criminal prosecutions."Hmmmm

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heygabe September 22 2006, 15:36:50 UTC
Also, don't forget that the Prime Directive, The Constitutions's General Order #1, is the most prominent guiding principle of the United States; The Prime Directive dictates that there be no interference with the natural development of any primitive society, chiefly meaning that no primitive culture can be given or exposed to any information regarding advanced technology or alien races. It also forbids any effort to improve or change in any way the natural course of such a society, even if that change is well-intentioned and kept totally secret. 'Primitive' is defined as any culture which has not yet attained warp drive. The United States allows scientific missions to investigate and move amongst pre-warp civilizations as long as no advanced technology is left behind, and there is no interference with events or no revelation of their identity.

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whitetigermoon September 22 2006, 16:22:19 UTC
Interesting ( ... )

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