Issue related to Con law and history-
Does constitutional rights exist in the United States constitution for illegal immigrants? Even though, the constitution does not specifically address illegal immigrants, the U.S.Supreme court has indicated through case law that some rights do apply. The legislative branch creates law while the Supreme court is responsible for interpreting it. When it comes to the constitutional rights of illegal immigrants, there a long history dating back to the 1800’s addressing the topic of whether these rights apply to the immigrants. In 1868, the United States adopted the 14th amendment which was part of the reconstruction amendments. Some of the key clauses included indicating that no person could be deprived of life, liberty, or prorperty without “due process of law” and that no person could be denied equal protection under the law. It was further reaffirmed by Senator Edward Cowan, who stated that “A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..." It appeared to be clear that the 14th amendment would provide any person protection under the law but the legal history of this matter shows that congress, the federal courts and supreme court have needed to further interpret the meaning in the amendment and constitution. …show more content…
Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903)
Does constitutional rights exist in the United States constitution for illegal immigrants? Even though, the constitution does not specifically address illegal immigrants, the U.S.Supreme court has indicated through case law that some rights do apply. The legislative branch creates law while the Supreme court is responsible for interpreting it. When it comes to the constitutional rights of illegal immigrants, there a long history dating back to the 1800’s addressing the topic of whether these rights apply to the immigrants. In 1868, the United States adopted the 14th amendment which was part of the reconstruction amendments. Some of the key clauses included indicating that no person could be deprived of life, liberty, or prorperty without “due process of law” and that no person could be denied equal protection under the law. It was further reaffirmed by Senator Edward Cowan, who stated that “A foreigner in the United States] has a right to the protection of the laws; but he is not a citizen in the ordinary acceptance of the word..." It appeared to be clear that the 14th amendment would provide any person protection under the law but the legal history of this matter shows that congress, the federal courts and supreme court have needed to further interpret the meaning in the amendment and constitution. …show more content…
Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903)