Simone Lawson
The U.S. Constitution was not signed into effect. Instead, it was ratified by the states, with nine of the 13 states needing to ratify for it to become law. Of the 55 delegates present at the convention, 39 signed, while three others refused to sign, and a few had already left the convention by mid-September. The signatures of the 39 framers can be found in the Constitution's closing endorsement.
| Characteristics | Values |
|---|---|
| Number of signers | 39 |
| Number of delegates who refused to sign | 3 |
| Number of delegates present | 55 |
| Number of states represented | 12 |
| Number of states required to ratify | 9 |
| Date of signing | September 1787 |
| Date of submission to Congress | September 20, 1787 |
| Date of ratification | June 21, 1788 |
| Number of amendments | 27 |
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What You'll Learn
The US Constitution applies to undocumented immigrants
The rights of undocumented immigrants in the United States are a complex and nuanced issue shaped by constitutional protections, federal laws, and court rulings. While undocumented immigrants may not rely on the same comprehensive liberties as US citizens, they do enjoy certain fundamental protections under the law.
The US Constitution, which contains the fundamental laws governing the United States, has been considered "the supreme law of the land" since 1789. The document was ratified to protect the people living within the country's borders, and many parts of it use the terms "people" or "person" rather than "citizen". According to Cristina Rodriguez, a professor at Yale Law School, "most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States". As a result, many basic rights, such as the freedom of religion and speech, the right to due process, and equal protection under the law, apply to both citizens and non-citizens.
For example, the Fifth Amendment states that "no person [...] shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law". Similarly, the Sixth Amendment guarantees the right to counsel in criminal prosecutions, which also applies to immigration proceedings. In the case of United States v. Flores (1975), the Supreme Court ruled that the government cannot detain undocumented children indefinitely without providing them with basic necessities and educational opportunities.
However, this protection is not absolute, especially in the context of immigration enforcement. Courts have struggled to balance individual privacy rights with the government's interest in border security and immigration control. While undocumented immigrants facing criminal charges have the right to an attorney, the government is not obligated to provide free legal counsel in deportation proceedings.
In conclusion, while the US Constitution does apply to undocumented immigrants in many respects, the practical application of these rights can be complex and influenced by public opinion, political discourse, and federal laws.
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The right to family integrity
The Trump administration's zero-tolerance policy, which treated most illegal border crossings as criminal cases, led to widespread family separation. However, after public outcry, the head of Customs and Border Protection announced that the agency would stop referring parents for prosecution. The American Civil Liberties Union (ACLU) also sued, arguing that the policy was unconstitutional, and a judge ruled that the case could proceed, recognising that immigrants have a right to "familial association" under the Constitution.
Despite the legal right to family integrity, the ability of children to assert this right in court is not always apparent. This is partly due to a lack of legal representation for children in dependency proceedings, as well as the complex interplay between family integrity and the state's interest in protecting children from abuse and neglect. As a result, courts may make decisions in the "best interest" of the child without adequately considering the child's right to family integrity.
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The right to freedom of religion and speech
Freedom of religion and speech are fundamental human rights that are protected by international conventions such as the United Nations International Covenant on Civil and Political Rights, the American Convention on Human Rights, and the European Convention on Human Rights. These rights are also enshrined in the constitutions of many countries, including India, which guarantees the freedom to practice and promote one's religion peacefully.
In the context of the United States, the Constitution ensures that basic rights, such as freedom of religion and speech, apply to both citizens and noncitizens. This interpretation is supported by Cristina Rodriguez, a professor at Yale Law School, who asserts that the Constitution's use of the terms "people" or "person" rather than "citizen" extends these rights to anyone on US soil.
However, the practical application of these rights can be complex, especially in the case of undocumented immigrants. While the US Constitution guarantees certain rights, such as freedom of religion and speech, the legal process for immigrants can be challenging. For example, in immigration court, the bar for what constitutes evidence is lower, and hearsay is often admissible, which can impact the outcome of cases.
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The right to due process
However, critics argue that the US immigration system does not always uphold the right to due process. For example, during the Trump administration's zero-tolerance policy, which treated most illegal border crossings as criminal cases, immigrants were often denied their right to counsel because the government is only required to provide legal representation in felony cases. Additionally, the bar for what constitutes evidence in immigration court is lower than in other US courts, with hearsay and unauthenticated documents being admissible.
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The right to equal protection under the law
The Fifth Amendment's Due Process Clause states that "no person...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." This clause has been interpreted to include the right to equal protection, ensuring that the federal government treats all individuals equally and impartially.
The Fourteenth Amendment, ratified after the Civil War in 1868, explicitly includes the Equal Protection Clause, which states that "no state shall...deny to any person within its jurisdiction the equal protection of the laws." This amendment was intended to prevent states from discriminating against black Americans and to address the lasting effects of racial discrimination and subordination. However, its broad wording has allowed it to be applied more universally, impacting a range of civil rights issues.
The right to equal protection means that the government must govern impartially and not draw distinctions between individuals based on irrelevant differences. This does not mean that all forms of discrimination are prohibited. Instead, courts will scrutinize the government's actions using one of three methods: strict scrutiny, intermediate scrutiny, or rational basis scrutiny. The individual claiming discrimination must first prove that the governing body's actions resulted in actual harm to them.
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Frequently asked questions
The US Constitution was signed by 39 of the 55 delegates present at the convention. Some of the notable signatories include William Samuel Johnson, James Madison Jr., and Benjamin Franklin.
Some of the delegates who chose not to sign the US Constitution include Edmund Randolph, George Mason, and Elbridge Gerry. These individuals had concerns about the document, with Randolph stating that his refusal to sign was "dictated by my conscience".
While the advocates of the Constitution sought unanimous support, only 11 of the 12 state delegations agreed to the proposal. Three delegates refused to sign the document, and several others were disappointed with the result, viewing it as a series of compromises.
