Malcolm Rivera
The US Constitution applies to all persons within the US, including non-citizens, and guarantees them certain rights, such as freedom of speech, religion, assembly, and protection from unlawful searches and seizures. However, certain rights are reserved only for citizens, such as the right to vote and run for office. The 14th Amendment, which states that All persons born or naturalized in the United States and subject to its jurisdiction are citizens, is a key provision in defining how the Constitution applies to American citizens and ensuring that no particular group is unlawfully discriminated against.
| Characteristics | Values |
|---|---|
| Citizenship | 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." |
| Rights | The Constitution grants rights to citizens, including the right to vote, free speech, freedom of religion, due process, equal protection under the law, and protection from unlawful searches and seizures. |
| Non-Citizen Rights | Non-citizens have rights too, including due process, freedom of religion, and the right to a fair trial. The Constitution also applies to refugees, who have the right to have their cases considered before being returned to their countries of origin. |
| Border Search Exception | Courts have upheld that searches at the border, including airports and other ports of entry, are not considered unreasonable due to the "border search exception." |
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What You'll Learn
The right to vote
The Fourteenth Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States, regardless of race, and guaranteed that rights of citizenship, such as voting, could not be restricted by the states. However, this did not immediately translate into the ability to vote for African Americans, as many states found ways to prevent them from doing so.
The Fifteenth Amendment, ratified in 1870, explicitly prohibited the government from denying a citizen the right to vote based on race, colour, or previous condition of servitude. This amendment extended voting rights to all male citizens, regardless of their ethnicity or prior slave status. However, the Supreme Court interpreted this amendment narrowly, and discriminatory practices and laws in some states prevented many African Americans from exercising their right to vote.
The Nineteenth Amendment, ratified in 1920, extended voting rights to women, prohibiting states from denying the vote on the basis of sex. The Twenty-fourth Amendment, ratified in 1964, removed another barrier to voting by prohibiting poll taxes, which had often prevented low-income citizens of all races from voting. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age for all elections to 18, ensuring that all citizens of this age or older could not be denied the right to vote based on age.
In addition to these constitutional amendments, federal laws such as the Civil Rights Acts, the National Voter Registration Act, the Help America Vote Act, and the Voting Rights Act of 1965 have been passed to protect Americans' right to vote and make it easier for citizens to exercise that right. While the right to vote is now protected for all American citizens, the ongoing litigation and variability in state-level voting laws demonstrate that the fight for voting rights remains an ongoing process.
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Free speech
The First Amendment to the U.S. Constitution strongly protects the freedom of speech and expression of American citizens from government restrictions. This means that citizens can publicly express their opinions without censorship, interference, or restraint by the government. The term "freedom of speech" in the First Amendment includes the decision of what to say and what not to say.
The American Civil Liberties Union (ACLU) has been working to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in the country. The ACLU has represented individuals engaged in offensive speech, including communists, Nazis, Ku Klux Klan members, accused terrorists, pornographers, anti-LGBT activists, and flag burners. This is because the defense of freedom of speech is most crucial when the message is repulsive to most people.
The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment. These include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, and commercial speech. The First Amendment's right to free speech prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses.
The right to free speech has not always been as strong as it is today. In the 1800s, various laws restricted speech in ways that are no longer allowed today, mainly due to societal norms. The trial of John Peter Zenger in 1735, where he was prosecuted for seditious libel against the Governor of New York, William Cosby, is considered a victory for freedom of speech. The case marked the beginning of a trend of greater acceptance and tolerance of free speech.
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The right to a fair trial
One of the key components of the Sixth Amendment is the right to a speedy and public trial. This means that criminal proceedings should be conducted without unnecessary delay and that the public has a right to attend, promoting transparency and accountability in the justice system. However, the accused may request a closed trial if they believe that publicity would prejudice their right to a fair trial.
The Sixth Amendment also guarantees the right to an impartial jury, ensuring that jurors are unbiased and drawn from a representative cross-section of the community. This right, however, does not apply to petty offenses punishable by less than six months of imprisonment or to most cases involving minors, who are typically tried in juvenile court.
The accused also have the right to be informed of the nature and cause of the accusation against them, enabling them to understand the charges and mount an effective defense. They have the right to confront and cross-examine witnesses, as well as the right to compulsory process to obtain witnesses in their favor.
Additionally, the Sixth Amendment provides the right to legal representation, ensuring that defendants have access to counsel for their defense. In the landmark case Gideon v. Wainwright (1963), the Supreme Court affirmed that defendants are entitled to free legal counsel if they cannot afford it, ensuring that the right to counsel is not just theoretical but practical.
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The right to equal protection under the law
The Fourteenth Amendment's Equal Protection Clause ensures that states govern impartially, without drawing irrelevant distinctions between individuals. This clause was the basis for the landmark Brown v. Board of Education case in 1954, which helped dismantle racial segregation in schools. The clause has also been pivotal in cases such as Obergefell v. Hodges, which legalized same-sex marriage, and many other decisions rejecting discrimination and bigotry.
The Equal Protection Clause has been interpreted to grant rights to corporations as well, with the Supreme Court ruling that corporations are entitled to equal protection under the Fourteenth Amendment. However, this interpretation has been controversial, with critics arguing that the amendment should protect individuals from racial discrimination rather than corporate interests.
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The right to due process
Due process protects individuals against arbitrary government decisions and ensures fairness in legal matters. It requires that the government follows certain procedures before depriving an individual of life, liberty, or property. These procedures include, at a minimum, providing notice, an opportunity to be heard, and an impartial tribunal.
The US Supreme Court has affirmed that the right to due process extends to everyone, including non-citizens. For example, in the case of U.S. v. Wong Kim Ark, the Court ruled that the term "person" under the Fifth Amendment applied to aliens living in the US. In another case, Chinese immigrants successfully challenged the arbitrary seizure of their property, establishing their rights under the Fourth and Fifth Amendments, including due process.
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Frequently asked questions
The right to vote, run for office, and own and bear arms.
Non-citizens have most of the same rights as citizens, including freedom of speech, freedom of religion, the right to due process, and the right to equal protection under the law.
Non-citizens do not have the right to vote, run for office, or own and bear arms. They are also subject to a "border search exception," which allows searches at the border or within 100 miles of it.
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."
The Constitution protects non-citizens from unlawful discrimination and guarantees them due process rights, including the right to a fair trial.
