Constitutional Rights for Nonresident Aliens

Philosophy & Public Policy Quarterly 29 (3/4):6 (2009)
  Copy   BIBTEX


I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way.

Similar books and articles

Reproductive Rights without Resources or Recourse.Kimberly Mutcherson - 2017 - Hastings Center Report 47 (s3):S12-S18.
Liberalism and the constitution.Sotirios A. Barber - 2007 - Social Philosophy and Policy 24 (1):234-265.
The Right to Privacy*: LLOYD L. WEINREB.Lloyd L. Weinreb - 2000 - Social Philosophy and Policy 17 (2):25-44.
The Right to Privacy.Lloyd L. Weinreb - 2000 - Social Philosophy and Policy 17 (2):25.
Justice, legitimacy, and constitutional rights.Wilfried Hinsch - 2010 - Critical Review of International Social and Political Philosophy 13 (1):39-54.
Freedom and Permission.András Bragyova - 2005 - Archiv für Rechts- und Sozialphilosophie 91 (3):379-408.
The Reductionism of Global Models of Constitutional Rights.Vanessa MacDonnell - 2018 - The Law and Ethics of Human Rights 12 (1):73-101.


Added to PP

165 (#120,591)

6 months
81 (#65,431)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Alec Walen
Rutgers University - New Brunswick

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references