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vranasaurus · January 7, 2011, 10:33 AM

United States v. Verdugo-Urquidez, 494 US 259 is instructive.

While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. See United States ex rel. Turner v. Williams, 194 U. S. 279, 292 (1904) (Excludable alien is not entitled to First Amendment rights, because "[h]e does not become one of the people to whom these things are secured by our Constitution by an attempt to enter forbidden by law"). The language of these Amendments contrasts with the words 266*266 "person" and "accused" used in the Fifth and Sixth Amendments regulating procedure in criminal cases.

Legal resident aliens would be part of "the people" especially those who have been here for 30 years.

January 7, 2011, 10:33 AM	#13
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	United States v. Verdugo-Urquidez, 494 US 259 is instructive. While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. See United States ex rel. Turner v. Williams, 194 U. S. 279, 292 (1904) (Excludable alien is not entitled to First Amendment rights, because "[h]e does not become one of the people to whom these things are secured by our Constitution by an attempt to enter forbidden by law"). The language of these Amendments contrasts with the words 266*266 "person" and "accused" used in the Fifth and Sixth Amendments regulating procedure in criminal cases. Legal resident aliens would be part of "the people" especially those who have been here for 30 years.