How does a us citizen lose their rights?

Answer 1

Even though this question seems to be very simple and straight forward, the answer is considerably more complicated and requires a closer look at the question itself. The use of the words "U.S. citizen" within the question implies that a citizen has more rights than a "person" who happens to be within the U.S. lawfully. Although this implication is accurate, it is barely so.

The difference in rights between a U.S. citizen and a non-citizen who is lawfully within the U.S. is minimal. Admittedly, the Constitution does extend certain benefits only to citizens. For instance, Article II, Section 1, paragraph 5 provides, inter alia, that "[n]o 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 ..." Also, only U.S. citizens may vote in elections for federal or state officers. However, the rights guaranteed within the Bill of Rights are guaranteed to persons, to the accused, and to the "Owner" regardless of whether they are American Citizens.

As to how a person lawfully within the U.S. looses their rights, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee that before any person may loose their life, liberty or property, they are entitled to due process of law. In other words, before a person may constitutionally loose their rights, that person is entitled to, among other things, a trial. Admittedly though, a person may be held against their will before their trial, but only because the process takes some time. In other words, a person may be held in jail awaiting trial. ================================================================================ ================================================================================ a citizen looses his, or her rights when they are in custody or being incarcerated.