This is a post about my personal philosophy because I feel like it’s important for us to think about the reasons behind how we view the world.
I sometimes see people express indignation when criminals get civil rights protections or when non-citizens get the rights enumerated in the Constitution. I can understand the reasoning, but it doesn’t fit with my principles for governance. I believe that the rights we give to the others within our society are about us, not them.
Many of the rights are fundamental human rights that should apply to everyone, of course. Let’s consider those a given for now.
The rights that criminals, or suspected criminals, receive are not for them. They’re a protection for us against ourselves. It should be hard for the government to convict someone of a crime, because that protects all of us from malicious prosecution and persecution by hostile governments. And our prisoners should be treated humanely, even the ones who have committed the most heinous of crimes. It’s not because they deserve it. It’s because we want to be a just and merciful society.
Extending rights to non-citizens is a direct reflection of how the Constitution was written. The Constitution does not grant rights so much as list a subset of rights that the government can’t (or can conditionally) curtail. The idea of American governance is that the government derives its authority from the people, and thus only can do what it is permitted to do. The Constitution largely refers to “people”, not “citizens” for a reason.
What it comes down to is that I want my government to reflect the world I want to live in, regardless of how others behave or what they “deserve.”