Do constitutional rights in the U.S.A. apply to?
2013-01-18 12:10 am
Do constitutional rights in the U.S.A. apply to non citizens living in the United States if they are here Legally?
回答 (10)
2013-01-18 12:11 am
✔ 最佳答案
Yes, every human being on United States soil is protected under the Constitution regardless of citizenship, nationality, legal status or lack there of.Of course, things such as the right to vote apply only to US citizens. Owning a firearm applies to US citizens and legal permanent residents.
2013-01-18 12:14 am
The law generally applies to everyone in a location, so yes, legal immigrants (like myself), illegal immigrants, and even TOURISTS enjoy the luxury of Constitutional rights whilst on US soil....but just imagine how messy that would be were it NOT so; could you convict an illegal immigrant or a tourist of murder if the US Constitution did NOT apply to them?
My favorite example of an American not QUITE grasping this concept was when Micheal Savage claimed his "Constitutional rights" were being violated when the UK banned him from visiting....LOL!
My favorite example of an American not QUITE grasping this concept was when Micheal Savage claimed his "Constitutional rights" were being violated when the UK banned him from visiting....LOL!
2013-01-18 12:13 am
No, apparently the U.S. can put any non citizen who is a suspected ''terrorist''(which is defined in many ways) in military tribunals. They treat citizens who are suspected as terrorists in criminal courts.
Ex: http://en.wikipedia.org/wiki/Ali_Saleh_Kahlah_al-Marri
Ex: http://en.wikipedia.org/wiki/Ali_Saleh_Kahlah_al-Marri
2013-01-18 12:12 am
Yes and no, Almost all do besides voting gun ownership etc, you also can get deported with little due processes
But yes things like the first and miranda etc apply to all
But yes things like the first and miranda etc apply to all
2013-01-18 12:11 am
Legally yes, most also apply to illegals.
2013-01-18 12:10 am
Yes.
2013-01-18 10:00 pm
In general, yes, but not in all cases. Although Americans without citizenship can rely on most constitutional rights (save those explicitly restricted to citizens, of course), there are cases where they will not be treated the same way. For example, it is significantly more difficult for someone without citizenship to buy a gun or get a concealed carrying license in many states, for example.
When a particular government action *only* affects non-citizens, the government does not need to respect all constitutional rights. In practice it usually does, but it is not required to do so and there are exceptions.
When a particular government action *only* affects non-citizens, the government does not need to respect all constitutional rights. In practice it usually does, but it is not required to do so and there are exceptions.
2013-01-18 2:16 am
If you are talking about the rights listed in the Bill of Rights, then yes, with certain exceptions such as people accused of or suspected of terrorism. Certain 'access to government' rights in the Constitution (such as voting) do not apply to non-citizens, and while a non-citizen can possess a firearm in the United States (permanent residents own firearms, as do tourists coming here to hunt), it gets tricky when it comes to actually buying said firearms, though that's often a matter of individual state and local regulations.
But in terms of freedom of speech, religion, assembly, the right not to testify against oneself...yes, generally speaking their rights have been upheld by the courts.
But in terms of freedom of speech, religion, assembly, the right not to testify against oneself...yes, generally speaking their rights have been upheld by the courts.
2013-01-18 12:12 am
it now seems they don't even apply to the actual legal citizens
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