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by pjc50
3704 days ago
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No, non-citizens are arguably covered: http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?ar... "The Constitution does distinguish in some respects between the rights of citizens and noncitizens: the right not to be discriminatorily denied the vote and the right to run for federal elective office are expressly restricted to citizens.12 All other rights, however, are written without such a limitation. The Fifth and Fourteenth Amendment due process and equal protection guarantees extend to all "persons." The rights attaching to criminal trials, including the right to a public trial, a trial by jury, the assistance of a lawyer, and the right to confront adverse witnesses, all apply to "the accused." And both the First Amendment's protections of political and religious freedoms and the Fourth Amendment's protection of privacy and liberty apply to "the people."" The restriction to US citizens isn't in the text of the constitution, which is written in the passive voice: > "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" But a bit more digging reveals that it was explicitly banned by US law some time ago, making this discussion of its legality moot: http://www.slate.com/articles/news_and_politics/explainer/20... |
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