The following is an excerpt from the Supreme Court:
U.S. Supreme Court
UNITED STATES v. VERDUGO-URQUIDEZ, 494 U.S. 259 (1990)
494 U.S. 259
UNITED STATES v. VERDUGO-URQUIDEZ
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT
No. 88-1353.
Argued November 7, 1989
Decided February 28, 1990
Begin Excerpt===========================
The Fourth Amendment provides: [494 U.S. 259, 265]
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
That text, by contrast with the Fifth and Sixth Amendments, extends its
reach only to "the people." Contrary to the suggestion of amici curiae that the
Framers used this phrase "simply to avoid [an] awkward rhetorical
redundancy," Brief for American Civil Liberties Union et al. as Amici Curiae
12, n. 4, "the people" seems to have been a term of art employed in select
parts of the Constitution. The Preamble declares that the Constitution is
ordained and established by "the people of the United States." The Second
Amendment protects "the right of the people to keep and bear Arms," and
the Ninth and Tenth Amendments provide that certain rights and powers are
retained by and reserved to "the people." See also U.S. Const., Amdt. 1
("Congress shall make no law . . . abridging . . . the right of the people
peaceably to assemble") (emphasis added); Art. I, 2, cl. 1 ("The House of
Representatives shall be composed of Members chosen every second Year by
the people of the several States") (emphasis added). While this textual
exegesis is by no means conclusive, it suggests that "the people" protected
by the Fourth Amendment, and by the First and Second Amendments, and to
whom rights and powers are reserved in the Ninth and Tenth Amendments,
refers to a class of persons who are part of a national community or who
have otherwise developed sufficient connection with this country to be
considered part of that community. See United States ex rel. Turner v.
Williams, 194 U.S. 279, 292 (1904)
End Excerpt (bold added for stress)=====================
The entire case can be found at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=494&invol=259
------------------
Either you believe in the Second Amendment or you don't.
Stick it to 'em! RKBA!
[This message has been edited by Dennis (edited October 23, 2000).]
U.S. Supreme Court
UNITED STATES v. VERDUGO-URQUIDEZ, 494 U.S. 259 (1990)
494 U.S. 259
UNITED STATES v. VERDUGO-URQUIDEZ
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT
No. 88-1353.
Argued November 7, 1989
Decided February 28, 1990
Begin Excerpt===========================
The Fourth Amendment provides: [494 U.S. 259, 265]
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
That text, by contrast with the Fifth and Sixth Amendments, extends its
reach only to "the people." Contrary to the suggestion of amici curiae that the
Framers used this phrase "simply to avoid [an] awkward rhetorical
redundancy," Brief for American Civil Liberties Union et al. as Amici Curiae
12, n. 4, "the people" seems to have been a term of art employed in select
parts of the Constitution. The Preamble declares that the Constitution is
ordained and established by "the people of the United States." The Second
Amendment protects "the right of the people to keep and bear Arms," and
the Ninth and Tenth Amendments provide that certain rights and powers are
retained by and reserved to "the people." See also U.S. Const., Amdt. 1
("Congress shall make no law . . . abridging . . . the right of the people
peaceably to assemble") (emphasis added); Art. I, 2, cl. 1 ("The House of
Representatives shall be composed of Members chosen every second Year by
the people of the several States") (emphasis added). While this textual
exegesis is by no means conclusive, it suggests that "the people" protected
by the Fourth Amendment, and by the First and Second Amendments, and to
whom rights and powers are reserved in the Ninth and Tenth Amendments,
refers to a class of persons who are part of a national community or who
have otherwise developed sufficient connection with this country to be
considered part of that community. See United States ex rel. Turner v.
Williams, 194 U.S. 279, 292 (1904)
End Excerpt (bold added for stress)=====================
The entire case can be found at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=494&invol=259
------------------
Either you believe in the Second Amendment or you don't.
Stick it to 'em! RKBA!
[This message has been edited by Dennis (edited October 23, 2000).]