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Old February 25, 2013, 09:58 AM   #43
JimDandy
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Join Date: August 8, 2012
Posts: 2,427
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The Supreme Court has held that the protections of the 1st, 5th, and 6th Amendments apply to all persons within our borders, not just citizens.

Certain political rights, such as voting and jury duty, don't apply, but the implication is that natural rights are protected. That would include the right to defend one's life.

As it stands now, resident and nonimmigrant aliens can buy and own firearms, and in many states, they can get carry permits.
And yet in Heller both the Majority opinion, and Stevens' dissent define the people as respectively
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...members of the political community
and
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...law-abiding citizens
This is not inconsistent with extending 5th and 6th amendment protections to non-citizenry as those amendments refer to a person or an accused. The First Amendment protections also refer to Congress with only two clauses held for "The People" - peaceable assembly and the right of the people to redress grievances. That reads to me that Congress may make no law prohibiting a visitor from speaking, but nothing prevents laws prohibiting non-citizens from assembling on 1600 Pennsylvania Avenue- or necessarily gives them standing to petition the City of New York in a New York court- though they may have standing in Federal court as a foreign national. At least as I understand this stuff as a layman.
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