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Old July 2nd, 2009, 10:36 PM   #29
mcp1810
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Join Date: Jan 2007
Location: Texas
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mcp1810
From Bolling v Sharpe 347 U.S. 497 (1954)
Chief Justice Warren writing for the majority ( I am just grabbing the parts I believe to be relevant)
Quote:
We have this day held that the Equal Protection Clause of the Fourteenth Amendment prohibits the states from maintaining racially segregated public schools. 1 The legal problem in the District of Columbia is somewhat [347 U.S. 497, 499] different, however. The Fifth Amendment, which is applicable in the District of Columbia, does not contain an equal protection clause as does the Fourteenth Amendment which applies only to the states. But the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The "equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process of law," and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process. 2
Later
Quote:
In view of our decision that the Constitution prohibits the states from maintaining racially segregated public schools, it would be unthinkable that the same Constitution would impose a lesser duty on the Federal Government. 5 We hold that racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the Fifth Amendment to the Constitution.
From Graham v Richardson:
Quote:
Accordingly, we hold that a state statute that denies welfare benefits to resident aliens and one that denies them to aliens who have not resided in the United States for a specified number of years violate the Equal Protection Clause.
and then we have Takahashi v fish and game
Quote:
'All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.' 16 Stat. 140, 144, 8 U.S.C. 41, 8 U.S.C.A. 41.
The protection of this section has been held to extend to aliens as well as to citizens. 7 Consequently the section [334 U.S. 410 , 420] and the Fourteenth Amendment on which it rests in part protect 'all persons' against state legislation bearing unequally upon them either because of alienage or color. See Hurd v. Hodge, 334 U.S. 24 . The Fourteenth Amendment and the laws adopted under its authority thus embody a general policy that all persons lawfully in this country shall abide 'in any state' on an equality of legal privileges with all citizens under non-discriminatory laws.
Takahashi was legally prohibited from becoming a citizen. California passed a law that prohibited Japanese from obtaining commercial fishing licenses. SCOTUS said that was unconstitutional. As they did with the Puerto Rican law requiring civil engineers to be U.S. citizens to obtain a license.

So, can anyone show me some SCOTUS opinions that say that non citizens do not enjoy the same protections that citizens do?
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Waiting on the research and verification.......
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