Remix.run Logo
mothballed an hour ago

> they have consistently said that "the people" is basically everyone here.

This is absolutely false. DC v Heller cites that "the people" refers to members of the "political community."[] Not "basically everyone here." The interpretation of what "political community" means has been split in the circuits. One court in Illinois found it might include illegal immigrants (who have settled as immigrants) or non-immigrant visa holders that were illegally settling here. This is anomalous. Generally they've found the political community to be something approximating those with immigrant type visas, permanent residency, or citizenship -- barring some exceptions from those like felons.

Even if you dig up the most generous case in illinois (I've forgotten the name) which claims some illegal immigrants are "the people", which it has been awhile since I read it -- even they narrow the political community refered to by "the people" to people actually settling as part of the community and not just basically anyone inside the US in a way that would suggest it applies to tourists or student visa holders using their visa in the legal manner.

      What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset. As we said in United States v. Verdugo-Urquidez, 494 U. S. 259, 265 (1990):
[] https://supreme.justia.com/cases/federal/us/554/570/