OVER THE ANTI-ILLEGAL law recently passed in Arizona. (Kevin has commentary and links.)
One of the objections to so-called comprehensive immigration reform is that it somehow would confer constitutional rights on non-citizens.
This embeds a fallacy. True constitutionalists should be able to spot the … oh, politically incorrect and odious — yet somehow apposite — colorful phrase involving a stack of firewood.
The Constitution does not grant rights — it merely affirms them. The assumption is that said rights inhere naturally to all human individuals. (That whole “…all men are created equal and that they are endowed by their creator with certain inalienable rights…” thing, doncha know.) Therefore, all humans, whether their presence in America conforms with immigration law or not, possess these “constitutional” rights.
Nor is the list of rights in the Bill of Rights exhaustive. Says so, right there in Number Ten. (Check it out.) But affirmed, not granted. So you do, for example, have rights to Life, Liberty, and The Pursuit of Happy-ness, despite the Declaration of Independence’s not having ever been incorporated into statute law, although you could hardly get a clearer statement of Original Intent if you tried.
Clever fellows, those Founders.