Jonah Patel
The U.S. Constitution is often thought to apply only to U.S. citizens, but this is a misconception. While non-citizens do not share all the rights of citizens, the Constitution does extend to protect non-citizens once they are inside the country. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens, including the phrase equal protection of the laws, which has been used in landmark cases including Roe v. Wade (reproductive rights) and Reed v. Reed (gender discrimination).
| Characteristics | Values |
|---|---|
| Right to vote | Citizens only |
| Right to free speech | Citizens and non-citizens |
| Right to freedom of religion | Citizens and non-citizens |
| Right to freedom of assembly | Citizens and non-citizens |
| Right to due process | Citizens and non-citizens |
| Right to a jury | Citizens and non-citizens |
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What You'll Learn
The right to vote
The US Constitution does protect American citizens, but it also extends to non-citizens. There is a misconception that the Constitution only applies to US citizens, but this is not the case. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. Non-citizens have the same protections under the Constitution as any other person.
However, there are some rights that are only afforded to citizens, such as the right to vote. When the terms "resident" or "person" are used in the Constitution, the rights and privileges afforded are extended to protect citizens and non-citizens alike. But when the term "citizen" is explicitly stated, as in the right to vote, then only citizens are afforded those rights.
The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used phrase in the amendment is "equal protection of the laws", which has been litigated in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). The amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside.
While the Constitution does protect non-citizens, there are some rights that are reserved only for citizens, such as the right to vote. This right is explicitly stated as being for citizens only, and is not extended to non-citizens.
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The right to freedom of speech
The US Constitution does protect American citizens, as well as non-citizens. The first 10 amendments to the Constitution, also known as the Bill of Rights, protect everyone's freedom of speech, religion, assembly, and freedom from unlawful government interference.
The freedom of speech encompasses a wide range of expressive activities, including verbal communication, written words, art, music, and symbolic acts. It protects not only popular or majority opinions but also controversial, offensive, and unpopular speech. This protection extends to speech that criticises the government, challenges societal norms, or expresses views that may be considered hateful or discriminatory.
However, it is important to note that the right to freedom of speech is not absolute. There are certain limitations and restrictions imposed by the government to maintain order and protect the rights of others. For example, speech that incites violence, promotes illegal activities, defames an individual, or constitutes a credible threat is generally not protected. Additionally, the government may impose reasonable time, place, and manner restrictions on speech to balance competing interests and rights.
The interpretation and application of the right to freedom of speech have evolved over time through court rulings and legal precedents. The Supreme Court has played a crucial role in defining the boundaries of this right, often weighing the interests of free expression against other societal values and concerns. As a result, the understanding of freedom of speech has adapted to changing social norms and technological advancements, ensuring that this fundamental right remains relevant and effective in a dynamic society.
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The right to freedom of religion
The First Amendment to the US Constitution explicitly guarantees the free exercise of religion, stating that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot establish an official religion or prevent individuals from practising their own faith.
While the US Constitution protects the right to freedom of religion for all people within the United States, it is important to note that this right is not absolute. The government may still impose certain limitations on religious practices if they conflict with other laws or public interests, such as those related to health, safety, or national security. However, any restrictions on religious freedom must be carefully balanced against the individual's right to practise their faith.
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The right to assembly
The US Constitution does protect American citizens. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The right to assembly is protected by the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This means that people have the right to gather together in public places for any lawful purpose, such as to protest or demonstrate. This right is important for a democratic society, as it allows people to express their views and influence public policy.
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The right to be free from unlawful government interference
The US Constitution protects American citizens from unlawful government interference. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used and frequently litigated phrase in the amendment is "equal protection of the laws". This has been used in landmark cases such as Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, and University of California v. Bakke.
The Constitution also protects non-citizens from unlawful government interference. Cases extending back to the 1800s, including ones brought by Chinese immigrants challenging the arbitrary seizure of their property, have established the rights of non-citizens under the Fourth and Fifth Amendments, including due process and the right to a jury. In U.S. v. Wong Kim Ark, an 1898 decision, the Supreme Court ruled that the term “person” under the Fifth Amendment applied to aliens living in the U.S. In Fong Yue Ting v. U.S., the court held that Chinese laborers, “like all other aliens residing in the United States,” are entitled to protection of the laws.
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Frequently asked questions
No. The US Constitution protects citizens and non-citizens alike. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
Non-citizens are entitled to protection under the law, including due process and the right to a jury. They are also protected from unreasonable searches and seizures.
The US Constitution states that the government cannot establish a preferred religion.
The Fourteenth Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside". It also includes the phrase "equal protection of the laws", which has been used in landmark cases relating to racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.
