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This is relevant: "Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens?" http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?art

This is relevant: "Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens?" http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?ar...

skwirl 11y ago
The answer is "NO" because the Supreme Court has ruled that they are not. Unfortunately the Constitution grants judicial powers to the Supreme Court and not to David Cole, Law Professor.
- hyperliner 11y ago
  Actually, the Supreme Court has not offered an absolute rule. If you read the article I offered, you would have learned about the nuances that the Supreme Court has provided in terms of areas of protection to non citizens and areas of no protection.
pdkl95 11y ago
No, it's not. The fact that the person being tortured isn't a US citizen doesn't make torture any less of a contemptible, barbaric act that is unfit for civilized society. If basic human decency is not convincing, I suggest reading 18 U.S. Code § 2340A, which says (a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if— (1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. The nationality of the victim doesn't matter.
- hyperliner 11y ago
  Did you even read what I posted? Here is a copy-paste for you: Thus, there is little reasoned support for the widely held no- tion that noncitizens are entitled to substantially less constitu- tional protection than citizens. While not identically situated in all respects, foreign nationals should enjoy the same constitu- tional protections for fundamental rights and liberties as United States citizens. The areas of permissible differentiation - admis- sion, expUlsion, voting, and running for federal elective office - are much narrower than the areas of presumptive equality - due process, freedom of expression, association, and religion, privacy, and the rights of the criminally accused. When we balance liberty and security, in other words, we should respect the equal dignity and basic human rights of all persons. In the wake of September 11, we have failed to follow that mandate. When we spy on foreign nationals without proba- ble cause but not citizens, selectively target foreign nationals for registration, detention, and deportation based on their ethnic and religious identities, and lock up foreign nationals in secret or without any hearings at all, we have chosen the easy way out: sacrificing their rights for our purported security. In the end, the true test of justice in a democratic society is not how it treats those with political power, but how it treats those who have no voice in the democratic process. How we treat foreign nationals, the paradigmatic other in this time of crisis, ultimately tests our own humanity.

skwirl 11y ago

The answer is "NO" because the Supreme Court has ruled that they are not. Unfortunately the Constitution grants judicial powers to the Supreme Court and not to David Cole, Law Professor.

hyperliner 11y ago
Actually, the Supreme Court has not offered an absolute rule. If you read the article I offered, you would have learned about the nuances that the Supreme Court has provided in terms of areas of protection to non citizens and areas of no protection.

pdkl95 11y ago

No, it's not. The fact that the person being tortured isn't a US citizen doesn't make torture any less of a contemptible, barbaric act that is unfit for civilized society. If basic human decency is not convincing, I suggest reading 18 U.S. Code § 2340A, which says (a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if— (1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. The nationality of the victim doesn't matter.

hyperliner 11y ago
Did you even read what I posted? Here is a copy-paste for you: Thus, there is little reasoned support for the widely held no- tion that noncitizens are entitled to substantially less constitu- tional protection than citizens. While not identically situated in all respects, foreign nationals should enjoy the same constitu- tional protections for fundamental rights and liberties as United States citizens. The areas of permissible differentiation - admis- sion, expUlsion, voting, and running for federal elective office - are much narrower than the areas of presumptive equality - due process, freedom of expression, association, and religion, privacy, and the rights of the criminally accused. When we balance liberty and security, in other words, we should respect the equal dignity and basic human rights of all persons. In the wake of September 11, we have failed to follow that mandate. When we spy on foreign nationals without proba- ble cause but not citizens, selectively target foreign nationals for registration, detention, and deportation based on their ethnic and religious identities, and lock up foreign nationals in secret or without any hearings at all, we have chosen the easy way out: sacrificing their rights for our purported security. In the end, the true test of justice in a democratic society is not how it treats those with political power, but how it treats those who have no voice in the democratic process. How we treat foreign nationals, the paradigmatic other in this time of crisis, ultimately tests our own humanity.