Illinois law allowing non-citizen police may violate 14th Amendment

[johnwk]

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See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:

“HB 3751 was passed by both chambers of the General Assembly earlier this year. The bill’s language says that “individuals who are not citizens, but are legally authorized to work in the United States under federal law” will be allowed to apply for jobs with police departments beginning on Jan. 1, 2024.”

Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

 

[Catsnmeters]

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See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:



Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

Well reasoned post and a lot of words but what specifically in all that would prohibit non citizens from being in a state police force?

 

[Dont Taz Me Bro]

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

That's a hell of a stretch

 

[Curried Goats]

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See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:



Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

That's a bit of a reach. Allowing immigrants to be police doesn't exclude citizens from being police.

 

[JohnA]

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See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:



Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

DOES THE 2ND in your opinion deny non citizens the right to carry guns ?

 

[John Edgar Slow Horses]

.
See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:



Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story''';;

I disagree. Poor interpretation. Same principles as anchor babies are citizens despite peoples' unhappiness about the fact it can only be changed by changing the Constitution.

 

[johnwk]

That's a hell of a stretch

Not as much as a stretch which the ACLU makes in so many of its cases which are used to destroy our country from within.

 

[johnwk]

That's a bit of a reach. Allowing immigrants to be police doesn't exclude citizens from being police.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted (by non-citizens being hired), and thus being abridged.

 

[johnwk]

Well reasoned post and a lot of words but what specifically in all that would prohibit non citizens from being in a state police force?

We are talking about a government job being a privilege.

"WHEREAS the interests of the national security require that all persons privileged to be employed in the departments and agencies of the Government, shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States; and
WHEREAS the American tradition that all persons should receive fair, impartial, and equitable treatment at the hands of the Government requires that all persons seeking the privilege of employment or privileged to be employed in the departments and agencies of the Government be adjudged by mutually consistent and no less than minimum standards and procedures among the departments and agencies governing the employment and retention in employment of persons inthe Federal service . . . "SOURCE

Our Fourteenth Amendment forbids State action which abridges the “privileges” of its citizens. Consequently, the State of Illinois, by extending the “privilege” of being employed as a police officer by the State to non-citizens, an obvious abridgement of the privilege takes place in that for every non-citizen hired by the State of Illinois as a police officer, there is one less employment opportunity for the citizens of Illinois to be hired as a police officer, thereby creating an abridgment of this privilege for Illinois’ citizens.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

 

[pknopp]

So we are now to assume something is there when the Constitution doesn't actually state it?

A judge should make his opinion law?

States rights should be ignored?

 

[Catsnmeters]

We are talking about a government job being a privilege.

Privileged? In what way?

Is that your label?

Our Fourteenth Amendment forbids State action which abridges the “privileges” of its citizens. Consequently, the State of Illinois, by extending the “privilege” of being employed as a police officer by the State to non-citizens, an obvious abridgement of the privilege takes place in that for every non-citizen hired by the State of Illinois as a police officer, there is one less employment opportunity for the citizens of Illinois to be hired as a police officer, thereby creating an abridgment of this privilege for Illinois’ citizens.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

 

[John Edgar Slow Horses]

A government job is not a privilege.

 

[Catsnmeters]

A government job is not a privilege.

That's what I was thinking. I have a government job and I don't usually feel too privileged.

Is this simply a case of the OP determining on his own what a privileged job is and isn't and sunsequently trying the apply it the 14th amendment?

That's my guess.

 

[johnwk]

A government job is not a privilege.

According to you but not according to Executive Order 10450--Security requirements for Government employment:

"WHEREAS the interests of the national security require that all persons privileged to be employed in the departments and agencies of the Government, shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States; and

WHEREAS the American tradition that all persons should receive fair, impartial, and equitable treatment at the hands of the Government requires that all persons seeking the privilege of employment or privileged to be employed in the departments and agencies of the Government be adjudged by mutually consistent and no less than minimum standards and procedures among the departments and agencies governing the employment and retention in employment of persons in the Federal service . . . "

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

 

[Blaster]

.
See: Pritzker defends Illinois bill that allows non-citizens to become police officers

From the article:



Now, keep in mind a fundamental principle of our nation’s founding recognizes and distinguishes citizens from non-citizens, as applied to a number of privileges, e.g., Article II, Section 1, Clause 5 of the United States Constitution states:

"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . "

Our federal Constitution also commands that:

“No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” Article 1, Section 2, Clause 2

And, Article 1, Section 3, Clause 3. states:

“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen”.

And even the Constitution of the State of Illinois declares: “To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election.”

In fact, there is no state constitution which specifically declares eligibility for being governor does not require citizenship. Four or five states (as I recall) are silent on this eligibility question. But all the rest, either directly or indirectly, require citizenship to be a governor.

We also find that the privilege of voting is reserved to citizens, and the Fourteenth Amendment makes a distinction between “citizens” and “person” and forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

Seems to me Illinois law allowing non-citizens to enjoy the privilege of being a police officer with the power to police and arrest citizens of Illinois, may very well violate the Fourteenth Amendment’s text which forbids any state to enforce any law which abridges the “privileges and immunities” of citizens.

By extending the “privilege” of citizens of Illinois to be police officers to non-citizens, the case can be made that in so doing, the privilege of Illinois’ citizens to be police officers is being diluted, and thus being abridged.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

Democrats just ignore the constitution.

 

[Wild Bill Kelsoe]

DOES THE 2ND in your opinion deny non citizens the right to carry guns ?

The 2nd Amendment says "the people", not "the citizens".

 

[John Edgar Slow Horses]

According to you but not according to Executive Order 10450--Security requirements for Government employment:

"WHEREAS the interests of the national security require that all persons privileged to be employed in the departments and agencies of the Government, shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States; and

WHEREAS the American tradition that all persons should receive fair, impartial, and equitable treatment at the hands of the Government requires that all persons seeking the privilege of employment or privileged to be employed in the departments and agencies of the Government be adjudged by mutually consistent and no less than minimum standards and procedures among the departments and agencies governing the employment and retention in employment of persons in the Federal service . . . "

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - ___ Justice Story

The EO's definition has not been vetted in court.

 

[johnwk]

So we are now to assume something is there when the Constitution doesn't actually state it?

.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

JWK

There is no surer way to weaken, subdue and bring to its knees a prosperous and freedom loving country than by flooding it with deadly drugs, an inflated currency and the poverty stricken, poorly educated, low skilled, diseased, disabled, and criminal populations of other countries.

 

[John Edgar Slow Horses]

Most of our ancestors from first days were "poverty stricken, poorly educated, low skilled, diseased, disabled, and criminal populations of other countries" as well as the United Kingdom. About 250,000 were African slaves shipped to the North America British colonies. And heavens to murgatroid, many were indentured Irish servants. Not to speak of Jews and Arabs and so forth.

 

[pknopp]

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“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

JWK

There is no surer way to weaken, subdue and bring to its knees a prosperous and freedom loving country than by flooding it with deadly drugs, an inflated currency and the poverty stricken, poorly educated, low skilled, diseased, disabled, and criminal populations of other countries.

Nice ramble.