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Does the Constitution and the Bill of Rights apply to non-citizens and undocumented also?
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Does the Constitution and the Bill of Rights apply to non-citizens and undocumented also?

Why or why not? Answer to follow the responses.
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Really, doesn't is say "and the unalienable right that all men are created equal"

I'll post the fact in a bit.


Nope..nor should it. No other contry extends its rights to non citizens. Why should we?Some people believe it does though..and unfortunately those people are lawyers and get our Border Patrol and Sheriffs Deputies in Federal Prison for doing their jobs!!

steddy voter
To a post above - the "all men are created equal" statement comes from the Declaration of Independence, which was a charge of greivances against the King of England, not a set of laws.

There are several implied references that the Constitution is a set of laws for the citizens of the United States:

The Constitution's preamble states "We the people of the United States" - referring to citizens of the U.S.

The 14th Amendment, section 1 states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" This (among other things) means that the laws apply to citizens.

Article 1, Section 8 states that Congress has the power to "To establish an uniform Rule of Naturalization". Not anyone within the borders is automatically a citizen.

Article IV, Section 2 "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

No, if you read it it says it applies to citizens.

Ray Eston Smith Jr
The idea of the Constitution was to limit the power of the United States government, not to grant rights to anyone, because "all men were endowed by their Creator with certain inalienable rights." One of the slimiest things Bush has done was to set up a prison in Cuba specifically to dodge the Constitution. The President of the United States should not be dodging the Constitution.

There is a big difference between "privileges and immunities" of citizens (such as voting & collecting welfare) and "inalienable rights" (such as due process & habeas corpus) which all people are born with.

The only argument against ratifying the Bill of Rights was the fear that future generations would think the Bill of Rights was the source of those rights. The rights already existed as each human's birthright. The Bill of Rights was added only to emphasize that government wasn't allowed to violate those rights.

Gary J
Nope if does not, and the answer is right in the very first line, ( We the people, of the United States of America ).

sure does, all men are created equal as far as the rights go. just because someone is illegal does not mean you,as an American can commit an offense against him without consequences. same for the illegal if they commit an offense they suffer the consequences.... once caught.

Balsabulb Y
Dude, could care less what you think. WE are the people of the United States of America. It does not say anything about other countries. Love it or Leave it. Sounds like it would be better if you left it. Just wondering what your status is.


Dude, I see that the truth really tore you a new one. Perhaps I should retract the word "Dude". Doubtful you could even fill the shoes of one good DUDE. While you're at it, being as you've told us how smart you are.....Dude, why don't you try reading the Constitution and learning the difference between it and the Bill of Rights.

You're just another Citizen wanna B.

read it again, the Constitution applies to united states Americans who are born here or become legal citizens. people need to stop reading the Constitution wrong. 14th amendment says to speak in the language the Constitution was written in. read it and understand the words.
to the above, it refers to American born or legal citizens only. not illegals.
you obviously don't understand what the Constitution is saying. it only applies to natural born Americans and immigrants coming legally to the united states. don't try to rewrite our Constitution, you might get your azz beat.

Who Knew?
I'm not sure why you asked this as an open question, since you clearly aren't persuaded by reason given your edits in response to the post.

You can skip around the Constitution all you want saying that it does or doesn't grant rights to illegal aliens, but the opinions posted here don't matter a whit. What matters is the way the Supreme Court (in the final instance) applies the principles of the Constitution, and it has been held for decades -- centuries -- that citizens of the U.S. have rights and privileges granted above and beyond those of foreigners. These rights and privileges can be lost or suspended (e.g., a American ex-con can't own a gun even though the Second Amendment says citizens have this right), but they ARE NOT inalienable to everyone. Only citizens -- and, in limited instances, legally documented persons within the U.S. -- have rights under the Constitution.

If you don't believe me (or the $$$$$ I spent going to law school), then check out the Supreme Court cases dealing with illegals. Persons within the purview of the U.S. (including those on U.S. soil, including embassies, etc.) MAY have limited rights to legal recourse, but they do not have the rights of full U.S. citizens.

well wasn't the constitution made for citizens of the united states and not citizens of jamaica or italy?

Is some ways yes in others no. A citizen of the US in the US use to be held with a little more respect. This was true in reverse in other countries - which is normal.

Most of the time in the US one can't tell a local from a foreigner so they get the same treatment.

This is in respect to rights & privaliges. Laws regulating activities is a constant in the US!

No but yes when its convenient to them, I can take a snake
and stand it up yet, this doesn't make a biped.

Unalienable right was why there was a war. It wasn't one of the rights granted. It was fluff.

The constitution applies, but the rights granted are different.

serenely, soMEone
With a nick like "Malthusian" you should be more respectful of natural law.

The statement "We hold these truths to be self-evident; that all men are created equal..." was NOT part of the U.S. Constitution NOR did it hold any power as legislation.

Perhaps you'd like a "reciprocal" system, hmm? That the rights we grant non-citizens are the identical rights granted all non-citizens by their home government.

Central Americans and Mexicans here would be hurtin' for certain!


There are basic human rights that are set forth by the UN and human rights organizations, etc.

Constitution and Bill of rights applies to US citizens.

But to answer your question, exploiting, torturing or killing anybody on US soil goes against human rights and is illegal.

If you look into the preamble it would suggest that it does apply to non citizens and citizens alike. Of course the constitution of the United States was written before the revolutionary war the civil war and the reconstruction of the United States. Verbatim the preamble says "We the people of the United States hold these truths to be self evident that ALL MEN were created equal".

Yes..... The laws of this country apply to anyone within its jurisdiction.

Well I hope it does because I am not a citizen but not an illegal immigrant either.

Sally B
Well, the preamble says "We the people", not "We the citizens".

bottle ginger
down with the french!!!!

southside mike
The Constitution does not say citizens it says persons. That means EVERYONE has the rights listed in the Constitution

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