What parts of the Bill of Rights don't apply to non-Americans?
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  What parts of the Bill of Rights don't apply to non-Americans?
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Author Topic: What parts of the Bill of Rights don't apply to non-Americans?  (Read 1073 times)
I spent the winter writing songs about getting better
BRTD
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« on: July 31, 2019, 01:15:01 AM »

Legal standard is that the Bill of Rights almost always applies to non-Americans in the US. For example non-US citizens while in the US still can't have their speech restricted, be searched without warrants, be forced to provide self-incriminating testimony, etc.

Are there any laws where non-US citizens don't have rights the Bill of Rights requires for citizens?
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Blue3
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« Reply #1 on: July 31, 2019, 01:08:45 PM »

Good question. I’m interested in knowing the answer too.

But if we truly believe rights are rights, not just what the government decides, then logically and ethically I don’t see how any non-citizens can have reduced rights.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: August 06, 2019, 08:22:56 PM »

None of the Bill of Rights uses the term "citizen" so unless there is some jurisprudence on the scope of "the people" used in some amendments, I would think they all apply, tho stateless persons might have difficulty in gaining access to Federal courts because they don't meet the letter of the Diversity Clause.
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brucejoel99
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« Reply #3 on: August 06, 2019, 10:47:01 PM »

The Due Process Clause provides that any person, whether they be a lawful or illegal or conditional resident, including stateless people & those on order of supervision, is granted the same fundamental, undeniable constitutional rights granted to all Americans. Thus, the Constitution & Bill of Rights apply to every "person", & aren't limited to American citizens.
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I spent the winter writing songs about getting better
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« Reply #4 on: August 15, 2019, 02:13:36 PM »

None of the Bill of Rights uses the term "citizen" so unless there is some jurisprudence on the scope of "the people" used in some amendments, I would think they all apply, tho stateless persons might have difficulty in gaining access to Federal courts because they don't meet the letter of the Diversity Clause.
What about the Second Amendment? Has there been any cases in regards to the right of non-citizens to possess firearms? Isn't it incredibly difficult for a non-citizen to buy a gun?
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True Federalist (진정한 연방 주의자)
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« Reply #5 on: August 15, 2019, 08:59:45 PM »

None of the Bill of Rights uses the term "citizen" so unless there is some jurisprudence on the scope of "the people" used in some amendments, I would think they all apply, tho stateless persons might have difficulty in gaining access to Federal courts because they don't meet the letter of the Diversity Clause.
What about the Second Amendment? Has there been any cases in regards to the right of non-citizens to possess firearms? Isn't it incredibly difficult for a non-citizen to buy a gun?

Not as far as I can tell. As far as I am aware, not even those States with registration and/or licensure requirements limit gun ownership to just citizens.
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McNukes™ #NYCMMWasAHero
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« Reply #6 on: August 29, 2019, 01:11:24 PM »

It depends on what you mean by "non-citizen," really. And it depends on whether the law broken was state or federal.
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