A Constitutional Overview of Equal Protection, Due Process, and Illegal Immigrants’ Rights Introduction To some observers there is an undeniable tension between the 5th and 14th Amendments of the Constitution of the United States, which guarantee, respectively, due process and equal protection before the law, and the recent movement by several states to deny health care, education, and other public facilities and private to illegal immigrants. This essay will examine whether such exercises of states’ rights are prudent (and, just as importantly, legal) measures to defend against threats or whether they constitute a denial of equal protection under the law. The essay will conclude that, on the strictly Lockean underpinnings of U.S....The end:
.....ntract from illegal immigrants, especially when the Constitution nowhere names illegal immigrants to be a protected class of person, let alone part of the generic person invoked by the 5th and 14th Amendments. Supreme Court justices and ordinary citizens alike may have strong feelings about illegal immigrants’ rights, but these feelings cannot extend to alienating states from their basic and sovereign right of contract with people in their jurisdiction. References Bauer, Elizabeth. Commentaries on the Constitution, 1790-1860. New York: The Lawbook Exchange, 1999. Berg, Manfred and Martin Geyer. Two Cultures of Rights. Cambridge: Cambridge University Press, 2002. Locke, John. Two Treatises of Government. London: C. and J. Rivington, 1824.