if the US Constitution only applies to legal US citizens?
2007-07-26 18:23:23 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The laws of a nation apply to anyone inside the nation except those with diplomatic immunity. Non-citizens may not enjoy the rights and freedoms of the constitution, but legally they are entitled to and they must obey all the laws of the land.
The current US Supreme Court decision says that all state and local laws on immigration are illegal and that only the Federal Government has the power to make such laws. Of course a state could pass laws that help to enforce existing state laws.
This means that a lot of local laws will be contested and overturned. The states have passed the laws because Congress has refused to do so. Since the Democrats don't have a clear majority it will be hard for Congress to do anything except hold hearings and investigations until after the next election.
2007-07-26 19:22:07 · answer #1 · answered by Dan S 7 · 0⤊ 0⤋
The US Constitution does not only apply to legal US citizens. The Constitution defines what powers the US government has, what powers are given to federal vs. state governments, which branch of government does what, etc. The government has the power to make laws that apply to anyone found within its borders. The question is whether local governments can enact laws regarding immigration, or if this is a power that is given to the federal government. That is a constitutional question.
2007-07-26 18:31:39 · answer #2 · answered by Ducky's Mom 4 · 4⤊ 1⤋
The Constitution was written by, and gains its authority from, "the People of the United States," according to the preamble. That is usually taken to imply citizens. "Of" is used in this case to mean either belonging to, or coming from, which can only mean citizens.
The modern courts, however, have tried to expand the jurisdiction of the Constitution to guarantee rights to individuals who are not citizens. This is why the rights granted in the Constitution are being given to the illegal immigrants, as well.
2007-07-26 18:39:24 · answer #3 · answered by Bryan F 3 · 2⤊ 1⤋
I don't think that the Constitution applies only to citizens.
2007-07-26 18:29:46 · answer #4 · answered by daramint 3 · 2⤊ 2⤋
You should probably review the meaning behind 'natural rights' and 'inalienable rights' and why these concepts are vital to the founding of our nation.
2007-07-26 18:31:19 · answer #5 · answered by freedom first 5 · 1⤊ 2⤋