Wednesday, February 22, 2017

Supremes to Decide if Foreigners Have Constitutional Rights

Via Billy

 The Supreme Court on Tuesday is taking up a case that presents a critical question of law: Can a U.S. law enforcement officer be sued in American courts for the death of a foreigner outside the United States?

For most of American history, the answer to that question has been a clear and emphatic “no.” Courts for two centuries have held that constitutional rights do not apply to foreigners with no voluntary connection to the United States.
“That has been under a lot of pressure and challenge recently.”
That the high court even agreed to take Hernández v. Mesa casts doubt on that long-held understanding of the law, however.

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  1. That isn't really true. Under the Constitution, the Supreme court holds original jurisdiction for cases arising between the citizens and foreign citizens. Thus, there is provision under the constitution to try such cases. Thus a law enforcement officer may be sued in American courts, but only in the Supreme court, unless delegated to a lower court by the Supreme court.

    Further, while you may agree that foreigners hold such inalienable rights as the right to self preservation, or the right to freedom of speech, the constitution grants no power to the US Government to defend those rights for foreigners. If that were the case, we would be in a perpetual war to establish a one world government led by the US government.

    1. Foreigners hold such inalienable rights as the right to self preservation, or the right to freedom of speech

      Thanks, but I don't.

  2. In the case cited above, the proper course of action is to settle the case diplomatically, not in the courts. The Mexican government should seek redress from the US government. That is how borders work and that is the normal custom since... forever. But lawyers want to be paid. And the civil court system has always been a cash cow.