Re: The fourth amendment applies to all persons in the U.S., regardless of immigration status
Graham <[email protected]>
| Newsgroups | alt.fan.rush-limbaugh,misc.immigration.usa,alt.atheism,alt.politics.democrats.d,talk.politics.guns |
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| Organization | There's no cabale |
| Message-ID | <[email protected]> |
Alan Bond <[email protected]> wrote in news:[email protected]: > United States v. Verdugo-Urquidez (1990): This case examined the scope > of the Fourth Amendment for non-citizens. The Court held that the > Fourth Amendment does not apply to searches and seizures conducted by > U.S. agents in a foreign country against property owned by a > non-resident alien. However, the decision affirmed that non-citizens > inside the U.S. have Fourth Amendment protections. > > Almeida-Sanchez v. United States (1973): The Court held that Fourth > Amendment protections extend to searches conducted by U.S. Border > Patrol agents, even if the person being searched is a non-citizen. A > search conducted 25 miles from the border was found to be in violation > of the Fourth Amendment. > > Plyler v. Doe (1982): While focusing on the Fourteenth Amendment's > Equal Protection Clause, the Court recognized that undocumented > immigrants are "people" within the meaning of the Constitution and > thus entitled to its protections. > > https://www.google.com/search?client=firefox-b-1- d&channel=entpr&q=deci > sions+clarifying+that+fourth+and+fifth+amendments+apply+to+all+persons Article IV, Section 4 The Text The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature can-not be convened) against domestic Violence. The Meaning This provision, known as the guarantee clause, is attributed to James Madison. It has not been widely interpreted, but scholars think it ensures that each state be run as a representative democracy, as opposed to a monarchy (run by a king or queen) or a dictatorship (where one individual or group of individuals controls the government). Courts however have been reluctant to specify what exactly a republican form of government means, leaving that decision exclusively to Congress. The section also gives Congress the power (and obligation) to protect the states from an invasion by a foreign country, or from significant violent uprisings within each state. It authorizes the legislature of each state (or the executive, if the legislature cannot be assembled in time) to request federal help with riots or other violence. Illegal immigration is an invasion by a foreign enemy.