Constitutional Rights for Nonresident Aliens

Philosophy and Public Policy Quarterly, Vol. 29, No. 3/4, Summer/Fall 2009

6 Pages Posted: 8 Jan 2010

See all articles by Alec D. Walen

Alec D. Walen

Rutgers School of Law; Rutgers, The State University of New Jersey - Department of Philosophy

Date Written: January 7, 2010

Abstract

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.

Keywords: constitutional rights, nonresident aliens, mutuality of obligation

Suggested Citation

Walen, Alec D., Constitutional Rights for Nonresident Aliens (January 7, 2010). Philosophy and Public Policy Quarterly, Vol. 29, No. 3/4, Summer/Fall 2009. Available at SSRN: https://ssrn.com/abstract=1533082

Alec D. Walen (Contact Author)

Rutgers School of Law ( email )

Newark, NJ
United States

Rutgers, The State University of New Jersey - Department of Philosophy ( email )

106 Somerset St
5th Floor
New Brunswick, NJ 08901
United States

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