Should aliens enjoy the same due process rights as American citizens?

Answer 1

The short answer to the question is that on American soil, aliens subject to the American Justice System do enjoy the same due process rights as American Citizens. Admittedly, everyone has an opinion and as a general rule, it is important to consider the opinions of others. Having said that, it is equally advisable not to accept the opinion of one who is not an authority on the subject. As an authority on the subject, I can tell you unequivocally that the idea that the Constitution of the United States protects American Citizens much more than it does those who are not citizens is one of the most widely pervasive myths currently circulating. The Constitution does extend certain benefits to citizens. For instance, Article II, Section 1, paragraph 5 provides, inter alia, that "[n]o Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President ..." I cite this particular provision because it provides important definitional context. On its face, this paragraph states, with an exception for those who were Citizens at the time of the adoption of the Constitution, that only natural born Citizens are eligible to become President. However, note the use of the word "Person" as well as the use of the word "Citizen." Definitionally speaking, a Citizen is a sub set of a Person. In other words, not all Persons are Citizens, but all Citizens are Persons. Now, read the entire Bill of Rights and count how many times the words Citizen, Person, or the people is used. Ist Amendment "... the people ..." Once. IInd Amendment "... the people ..." Once. IIIrd Amendment "... the Owner ..." Once. IVth Amendment "... the people ... the persons ..." Once each. Vth Amendment "... person ..." Twice. VIth Amendment "... the accused ..." Once. VIIth Amendment None. VIIIth Amendment None. IXth Amendment "... the people ..." Once. Xth Amendment "... the people." Once. Within the Bill of Rights, some variation of the word "person" appears eight times. The word "the Owner" and the word "the accused" each appear once. However, the word "Citizen" does not appear a single time in the entire Bill of Rights. In contrast and as I noted above, the words "Person" and "Citizen" were used in the same sentence within Article II, Section I, paragraph 5. This fact shows that the framers intentionally distinguished between these two words. Moreover, the framers used the word "Citizen" specifically when they wanted to limit a particular benefit to only Citizens. This being the case, the converse must also be true. In other words, every time the framers chose the word "Person", it reflects an intentional decision not to use the word "Citizen." Thus, it can be stated unequivocally that the framers intended the rights guaranteed to "Persons" to be so guaranteed irrespective of citizenship. The power derived from a written constitution is lasting, in part, because it is in fact written. Words have specific meanings and we must always presume that the use of each specific word was intentional. With regard to the Constitution of the United States of America, a plain reading makes it clear that the specific use of the words "the Owner", "the accused", "Citizen" and "person" or some variation thereof, was wholly intentional. In order to honor the framers of the Constitution, and in order to preserve what they created, we must give force and effect to each and every word within the Constitution. In other words, the rights guaranteed within the Bill of Rights are guaranteed to persons, to the accused, and to the Owner regardless of whether they are American Citizens. To view a transcript of the Preamble as well as Articles I through VII, a transcript of the 1st through the 10th Amendments, also known as the Bill of Rights, and a transcript of the 11th through the 27th Amendments, access the links under Related Links, below.