Sam Lowry said:
KaiBear said:
Sam Lowry said:
Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.
Not particularly funny.
Many countries have similar restrictions.
But in today's cultural climate, I can't see the Supreme Court allowing Trumps EO to stand.
It's not the restriction that I'm laughing at, it's the idea that illegal immigrants aren't subject to US jurisdiction. If that were true, they couldn't be deported because the immigration courts would have no power over them.
Has to do with what we define jurisdiction as
Everyone who is in the USA is subject to the law enforcement power of the government in certain situations.
(Even foreign ambassadors…if they commit murder for instance against an American citizen could be subject to our laws…diplomatic immunity has it's limits)
But does that also mean millions of foreigners are subject to jurisdiction for citizenship purposes?
That is not at all clear and very open to debate
And we need to go back to the writers of the 14th amendment and its history.
Do we really think they intended for the situation today to be the norm?