Simone Lawson
The US Constitution is a powerful document that shapes the lives of American citizens. But what about tourists? Do they also enjoy the same protections under the Constitution as citizens? The answer is not straightforward, as it depends on the specific amendment and the context. While some amendments, like the 1st and 5th, apply to everyone, there are certain rights and protections that are reserved only for US citizens, such as voting and running for public office. Additionally, the Constitution's reach does not extend to unincorporated territories, even for US citizens. This topic highlights the importance of the distinction between a person and a citizen in the Constitution and how it impacts the everyday lives of Americans and non-citizens alike.
| Characteristics | Values |
|---|---|
| First Amendment right to donate | Tourists are not entitled to this right |
| Fifth Amendment right to not be forced to testify against oneself | Tourists are entitled to this right |
| Fourteenth Amendment right to protection against discrimination | Tourists are entitled to this right |
| First Amendment right to free speech | Tourists are entitled to this right |
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What You'll Learn
- The 5th Amendment prevents double jeopardy and self-incrimination for anyone arrested in the US
- The 14th Amendment protects against discrimination for anyone in the US
- The 1st Amendment applies to everyone, not just US citizens
- Foreign nationals are banned from making campaign contributions
- The Constitution does not apply to unincorporated territories
The 5th Amendment prevents double jeopardy and self-incrimination for anyone arrested in the US
The 5th Amendment also protects against uncompensated property seizures, requiring the government to compensate citizens when it takes private property for public use. This is part of the due process clause, which requires that laws cannot deprive people of "life, liberty, or property" unfairly or arbitrarily.
The 5th Amendment is not the only protection under the Constitution that applies to tourists. The 14th Amendment, for example, protects against discrimination, which applies to anyone in the US and not just US citizens. The 1st Amendment also applies to everyone and not just US citizens. However, there are some protections that do not apply to tourists, such as the right to make campaign contributions, which is banned for foreign nationals.
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The 14th Amendment protects against discrimination for anyone in the US
The 14th Amendment also ensures that states cannot enact laws that limit the "privileges or immunities" of anyone with American citizenship. This means that tourists in the US are protected by the 14th Amendment against discrimination by the government and private parties, and they are also protected against laws that limit their privileges or immunities as non-citizens.
It is important to note that the 14th Amendment only refers to actions by the state and the federal government. However, the Equal Protection Clause also applies to forbid discrimination by private parties where it affects public accommodations, such as housing, hotels, retail stores, private schools, or interstate travel.
While tourists are protected by the 14th Amendment, there may be certain rights and protections under the US Constitution that do not apply to them, as these may be specifically applicable only to US citizens, such as voting or running for public office.
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The 1st Amendment applies to everyone, not just US citizens
The First Amendment applies to everyone, not just US citizens. This means that tourists and non-citizens are protected by the First Amendment, which includes the right to free speech and freedom of religion. However, there are some exceptions to this. For example, foreign nationals are banned from making campaign contributions, while US citizens have a First Amendment right to donate.
The First Amendment is not the only amendment that applies to everyone. The Fifth Amendment, which prevents double jeopardy and self-incrimination, applies to anyone arrested in the US, regardless of their citizenship. The 14th Amendment, which protects against discrimination, also applies to anyone in the US and not just US citizens.
It is important to note that until the 14th Amendment was incorporated, the protections established by the First, Second, and other Amendments only applied to the federal government. State and local governments were not bound by these rights. Even today, the Constitution and the rights it enumerates do not fully apply to unincorporated territories, even among US citizens.
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Foreign nationals are banned from making campaign contributions
Tourists are entitled to some protections under the US Constitution. For example, the 5th Amendment prevents anyone, regardless of citizenship, from being forced to testify against themselves and prevents "double jeopardy". The 14th Amendment protects against discrimination, which also applies to anyone in the US and not just US citizens. The First Amendment also applies to everyone and not just US citizens, except for the right to donate to campaigns, which is banned for foreign nationals.
In 2024, the Ohio Secretary of State Frank LaRose appealed for the Ohio General Assembly to pass a foreign campaign funding bill. This was to prohibit foreign nationals, including corporations organised under the laws of a non-US jurisdiction, from making a contribution or independent expenditure in connection with an Ohio election.
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The Constitution does not apply to unincorporated territories
The Constitution was created to prevent the government from misusing its powers and to increase public confidence in the government. However, until the 14th Amendment was incorporated, the protections established by the First, Second, etc. Amendments only applied to the federal government. State and local governments were free to ignore these "inalienable" rights.
The 5th Amendment, for example, prevents anyone arrested in the US from being forced to testify against themselves and prevents "double jeopardy", i.e. being tried twice for the same crime when found not guilty the first time. The 14th Amendment protects against discrimination and applies to anyone in the US, not just US citizens.
The First Amendment also applies to everyone, not just US citizens. However, there are some things that do not apply to non-citizens, such as voting or running for public office. Foreign nationals, for example, are banned from making campaign contributions.
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Frequently asked questions
Yes, tourists are protected by the US Constitution. The 1st Amendment, for example, applies to everyone, not just US citizens.
Yes, there are some rights that are only applicable to US citizens, such as voting or running for public office.
The 2nd Amendment only applies to the federal government. State and local governments are free to make their own laws regarding this.
The 14th Amendment protects against discrimination and applies to anyone in the US, not just US citizens.
No, the 5th Amendment prevents anyone who is arrested in the US, citizen or not, from being forced to testify against themselves. It also prevents double jeopardy, or being tried twice for the same crime.
