The Constitution applies to persons, not just citizens.
If you read the Constitution, its protections are not limited to Americans.
And that was written intentionally, because at the time it was written, they didn’t know what Native Americans would be.
When the post civil war amendments were added, they didn’t know how blacks would be considered, because they had a decision of the Supreme Court called Dred Scott, that said blacks are not persons.
So in order to make sure the Constitution protected every human being:
- American, alien;
- citizen, non-citizen;
- lawful combatant, enemy combatant;
- innocent, guilty;
- those who wish us well, those who wish us ill…
…they use the broadest possible language,
to make it clear:
Wherever the government goes,
the Constitution goes,
and wherever the Constitution goes,
the protections that it guarantees restrain the government
and requires it to protect those rights.
— Judge Andrew Napolitano