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-   -   Should EVERYBODY be given a fair process? (http://archives2.twoplustwo.com/showthread.php?t=406535)

UATrewqaz 12-28-2005 07:29 PM

Re: Should EVERYBODY be given a fair process?
 
The US Constitution and the rights it details are applicable ONLY TO US CITIZENS.

A non-US citizen has NO constitutional rights.

They however have the rights defined in various treaties the US has signed (human rights treaties, Geneva convention, etc.)

Not exactly what you asked, but wanted to throw that out there.

elwoodblues 12-29-2005 12:32 PM

Re: Should EVERYBODY be given a fair process?
 
[ QUOTE ]
The US Constitution and the rights it details are applicable ONLY TO US CITIZENS.
A non-US citizen has NO constitutional rights.

[/ QUOTE ]

Where does the Constitution say that? We know that the text of the Constitution understands the difference between a citizen and a non-citizen because it uses the term Citizen...why then would it use the more broad term "person" (or people) when stating rights? If it was meant to only apply to citizens the framers would have said "citizens" instead of person.

The 14th Amendment (just as an example) uses both citizen and person -- those terms then, obviously, have a different meaning to the framers. Consider this language: "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..." The second clause would have read "nor shall any State deprive any citizen..." if that's what was meant. Clearly it meant to be more broad than just applying to citizens, in fact it applies to "any person."

etgryphon 12-29-2005 02:36 PM

Re: Should EVERYBODY be given a fair process?
 
[ QUOTE ]
Loss of liberty never begins with something happening to a good person. It always strats with a scumbag being denied rights. Everybody says "who cares, he's a scumbag." Eventually, the definition of scumbag gets expanded.

That's why scumbags deserve defense attorneys.

[/ QUOTE ]

Exactly...The process and the integrity of the legal systems is the most important part. Defense lawyers are the needed back pressure to preserve the integrity of the legal process.

You must extend rights within the US no matter what the cost.

-Gryph


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