Tuesday, November 20, 2012

Does the Bill of Rights apply to non US citizens?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Should this apply to citizens and non-citizens? According to the law in 1803, yes, yes it does.

To which we may add that the word "persons" in this, and the subsequent articles of the amendments to the constitution, most clearly designate, that aliens, as persons, must be entitled to the benefits therein secured to all persons alike. - St George Tucker, Blackstone's, 1803.

http://press-pubs.uchicago.edu/founders/documents/amendIVs14.html

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