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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: LindyBill who wrote (489207)	5/30/2012 8:42:06 PM
From: goldworldnet	Respond to of 793972

This is real old, but it brings up the issue of foreign soil. Recently, however, courts have considered whether the fourth amendment can be further expanded to protect foreign nationals from actions by United States officials on foreign soil. This implies that the 4th amendment does not or did not protect US citizens on foreign soil when this was written. With that it mind, that would infer that other parts of the Constitution wouldn't necessarily protect US citizens on foreign soil either. Copyright (c) 1989 Fordham Law Review Fordham Law Review NOTE: THE FOURTH AMENDMENT OVERSEAS: IS EXTRATERRITORIAL PROTECTION OF FOREIGN NATIONALS GOING TOO FAR? March, 1989 57 Fordham L. Rev. 617 Author Elizabeth A. Corradino Excerpt INTRODUCTION The fourth amendment 1 protects the individual's right to be free from unreasonable searches and seizures. 2 Originally intended to guard United States citizens against unreasonable intrusion by government officials in this country, 3 the amendment was gradually expanded to shelter aliens found within the territorial jurisdiction of the United States. 4 Courts then determined that United States citizens were entitled to fourth amendment protection by virtue of their citizenship, regardless of their location at the time of the alleged constitutional violation. 5 *Recently, however, courts have considered whether the fourth amendment can be further expanded to protect foreign nationals from actions by United States officials on foreign soil.* 6 The resolution of this issue depends upon whether the primary purpose of the fourth amendment is to safeguard individual rights 7 or to restrain the activities of the government. 8 This Note argues that the amendment is designed to preserve the individual rights of United States citizens and individuals on United States soil from arbitrary and unreasonable government activity. This intent is thwarted when fourth amendment guarantees are applied to foreign nationals abroad. Part I discusses the background of the fourth amendment in light of the evolving constitutional climate. Part II analyzes the fourth amendment and examines the amendment's extraterritorial operation in light of cases purporting to extend its guarantees to foreigners abroad. Part III argues that there are viable alternatives to overbroad application that will preserve the rights of nonresidents without unnecessarily broadening ... *Note: since "https links" do not work here, I made this "notlong" shortcut.* fordham-law-review.notlong.com * * *