As long as our government is honoring the Constitution, we have some hope of fixing its problems/flaws. If they decide they don't need to honor the Constitution, we have little hope of doing so...
As long as our government is honoring the Constitution, we have some hope of fixing its problems/flaws. If they decide they don't need to honor the Constitution, we have little hope of doing so...
I wonder how many of the problems american citizen currently have can be linked to their disregard for foreign citizen' rights
I'm not seeing "citizens" or "non-citizens" in any of these contexts.
What I do see is: "Congress shall make no law", "right of the people", "consent of owner", and likewise.
It's an unpopular view of the Bill of Rights, but shouldn't these rights be extended to everyone, and not merely "citizens"? Cause I'm certainly not seeing that word anywhere in there.
It's akin to thinking reading the wiki page on Special Relativity means you're Einstein.
For instance, the 4th Amendment would seem to indicate that the US cannot spy on foreigners without a warrant. Only two justices had the stones to confirm that. The majority voted that interpreting the amendment as written would make it too difficult for the US to gather foreign intelligence. They literally voted that extending basic human rights to everyone would be too inconvenient.
It doesn't matter if the original intent was to protect everybody, rather than just citizens, when those tasked with judging cases may be swayed by political expedience.
It is my opinion that reading the US Constitution should be sufficient to understand the entire foundation of US law, rather than also being forced to study several centuries of judicial precedent under Anglo-American Common Law. As an American, I want the US government to get a warrant before conducting a search, on anyone, anywhere. I don't particularly care whether they are citizens, because I don't want the US agent to be an asshole when supposedly representing and defending my interests.
"People" meant citizens, not foreigners, even though I cannot think of any place where that is explicitly stated. It's pretty clearly implied, though, when you say "right of the people". What people does the Constitution give rights to? The people of the US, not the people of any other country.
At least in the United States there's a clear solution to the American government breaking the constitution, and that's an armed revolt as a last resort and a finally new government (but not necessarily new constitution).
I'm absolutely not suggesting Americans do this. it's a just a consequence outlined both in history and the constitution.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government
Some parts of the Constitution apply to non-citizens, some parts don't. For example, the 14th Amendment makes a distinction on this point--note the use of "citizens" vs. "any person":
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; nor deny to any person within its jurisdiction the equal protection of the laws.
I think it is still very much relevant. Even if it was rewritten how would it be improved? Wouldn't we end up with the same principles just maybe worded differently?
There are several references to things that don't really apply anymore today. No matter how you might stand on the issue of the right to bear arms, the reference to militias doesn't really fit into the context of today's times.
[1]: https://en.wikipedia.org/wiki/Mixed-member_proportional_repr...
The supreme Court didn't have any power until the 1830s