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can you be charged towards the constitution and admendments if your not a citizen.(If your not a citizen does any of those charges counts towards you)

2007-03-12 12:46:42 · 2 answers · asked by mark n 2 in Politics & Government Law & Ethics

2 answers

Are you asking whether the protections of the US Constitution apply to people who are not citizens? The answer is, in most cases, "yes." Most rights defined in the Constitution, particularly the Fourteenth Amendment, refers to "persons." The courts have generally interpreted that to mean anybody, citizen or not (and until very recently, to mean anybody subject to the exercise of US government authority--now, perhaps, only on US soil), unless the provision makes a specific reference to "citizens."

2007-03-12 13:00:10 · answer #1 · answered by Anonymous · 3 0

Your question does not make sense.

A person can be charged with a crime in the US, regardless of whether they are a citizen or not.

And criminal constitutional protections (4th, 5th, 6th, 8th Amendments) apply to any criminal prosecution in the US, regardless of whether the defendant is a citizen or not.

The people who try to argue that non-citizens aren't protected by the Constitution haven't bothered to read either the Constitution or the dozens of Supreme Court cases that have said constitutional protections apply to EVERYONE is US custody.

2007-03-12 20:35:59 · answer #2 · answered by coragryph 7 · 0 0

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