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disguy_ovahea

@ disguy_ovahea @lemmy.world

Posts
15
Comments
845
Joined
2 yr. ago

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • I don’t think you understand my point. If they have their citizenship revoked because they are determined to be outside the jurisdiction of the United States, then the laws of the United States would not apply to them, because they’ve been determined to be outside the jurisdiction of the United States. It’s a problematic interpretation of the amendment.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Right. The law is academic. I’m not saying they couldn’t shoot them dead in the street. We all know the government doesn’t always follow the law. I’m simply saying that’s the legal problem that would be created as a result of changing the interpretation of that clause, and therefore an unreasonable interpretation for a court to make.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • That’s literally what they’d create if the court ruled they are outside the jurisdiction of the United States. That’s my whole point. There is no part of the 14th Amendment that can be interpreted differently to remove citizenship without granting them immunity from law.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Then please explain what the government can legally do to someone outside of their jurisdiction.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • You’re both arguing citizenship. That’s a moot point if they’re already in the nation and not subject to its laws.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • That is correct. My point is if they argue that clause of the 14th Amendment about being “subject to the jurisdiction thereof,” they would effectively make them legally untouchable.

    There’s no way to interpret the 14th Amendment to accomplish what they want to accomplish.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • You can if you are outside of the jurisdiction of the presiding government body. You’re untouchable by the law of the land. That’s literally what jurisdiction means.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Compelling argument.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Read the link I provided. It was not considered an insurrection according to the DOJ or SCOTUS, because he was trying to remain in power rather than overthrow the existing power of the government.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • That’s the literal definition of jurisdiction.

    ju·ris·dic·tion /ˌjo͝orəsˈdikSHən/ noun

    the official power to make legal decisions and judgments.

    The United States can only enforce its laws on those that are within its jurisdiction. It’s exactly the same as entering a foreign consulate or pulling over a foreign diplomat. There is literally nothing they can legally do to them.

    To your point, if they ever chose to leave, they would never be allowed re-entry.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Are you suggesting there’s logic to your argument? You can’t just say, “he was part of an insurrection” and disqualify him from office. It needs to be proven beyond a reasonable doubt in a court of law and he must be found guilty by a jury of his peers. Otherwise, anyone could accuse a sitting President of an insurrection and they’d be removed from office. Think about it.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Held to answer does not mean sentenced. It means held responsible, or convicted. Accusations or charges are insufficient for accountability according to the Constitution.

    Otherwise, you could just accuse every President you don’t like of an insurrection and they’d immediately be removed from office.

  • Democrats plot a midterm comeback fueled by Republicans’ Medicaid cuts

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  • The last time Democrats had the same majority that Republicans have now was the 111th Congress. It was considered the most productive Congress since the 89th Congress, which was also controlled by Democrats.

    https://en.wikipedia.org/wiki/111th_United_States_Congress

    The brief period they had majority in the 117th Congress, it was a weak majority and there were DINOs like Manchin preventing progress.

    The peak for the middle-class was mid-20th century, when Democrats had the longest running control of Congress.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • The Fifth Amendment.

    “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • They would be without citizenship, yes, but they would also be legally outside of the jurisdiction of the United States. They could literally do anything and not get arrested. It would be like everywhere they go they’re standing on international waters.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • Had he actually been tried and convicted of an insurrection, that would matter.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • The funny thing about that is if they argue that they’re not under the jurisdiction of the United States, then we couldn’t even give them a parking ticket, let alone deport them. They’d effectively have diplomatic immunity.

  • MAGA melts down after Trump-appointed justice argues against ending birthright citizenship: 'Remove this imposter'

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  • My point is that the 14th Amendment is very clear. There’s no room for interpretation as there is with something like a fetus compared to a baby in Roe v. Wade. What they want is to amend the Constitution. That’s a different process entirely.