Does U.S. Constitution or Bill of Rights apply to non-citizens?

Posted by Lysander Spooner ^® , Sep 30,2003,15:42

Quite often you hear radio personalities, talking heads on TV and people on the street saying that non-citizens (or whatever other verbage they use) do not have rights as granted by the US Constitution.

Wrong!

The Constitution is a document that specifies limitations on government. It does NOT confer rights for any people; therefore, with "all people being created equal" the limitations on government apply to all people, including non-citizens.

On the other hand, this does not mean that anybody who sets foot in the US is entitled to the benefits of certain programs either. These programs have certain eligibility rules that restrict "just anybody" from applying. Of course the question of whether or not the government, federal, state or local government has the enumerated authority to operate these certain programs is another matter. The general welfare means whatever anyone wants it to mean on any given day of the week I suppose.

When a few non-citizens are stopped in a vehicle, may a police force searchtheir vehicle without permission or a search warrant? May the police indefinitely arrest them without filing charges? May the police sieze their personal property with due process? May the police move into the car and take up residence (a little topical humor intended)?

Again, the Constitution specifies limitations on government; it does not confer rights to the people.

But we all know how wonderful that document has been. Take the words out of context and distort its meaning and as Patrick Henry said, "[I]t will oppress and ruin the people."