j_hungary
Professional
So, there is a separate due process.
If you are talking about due process as a whole; no, if you are talking about different process within the due process, yes
Due Process is not actually a process or procedure per se, due process mean "fair treatment" thru the Judicary System. "Process" in this case, can be different ( such as Search Warrant, Arrest Warrant, Brnch Warrant, Bench Trial, Jury Trial, for example) can be different, but just because someone is opting for a Bench Trial instead of a Jury Trial, that does not mean Due Process is not observed or there is a separate due process.
And if SCOTUS agree that there can be separate due processes, what will happen next?
If SCOTUS agrees that there can be a separate process (that's a very big If) Then the text of the 14th amendment is going to be changed, because SCOTUS only had power to decide whether something is constitutional, they cannot decide whether an amendment is constitutional, because Amendment itself is the constitution. Which mean even if they had decided that deu process can be separated, it did nothing until either
1.) The wording of the constitution is changed
2.) A Federal Law established that Illegal Immigrant can be remove without due process.
Otherwise everything stays the same.
We already have two exceptions to the 14th:
- Diplomats (established 1868)
- Invading/occupying army (established 1868)
The children of them can never automatically be US citizens. That is what am arguing about.
This is not exemption of 14th amendment
Again, Diplomat rights are under the Vienna Convention. 14A did not give Diplomat any rights, including Diplomatic Immunity. Whether or not a diplomat is under the jurisdiction of the host country does not come from the host's law, it came from the Vienna Convention on Diplomatic Relation.
And there are no restriction on the offspring of enemy alien not to fall into 14th amendment, otherwise all off spring from German (WW1, WW2), Japanese (WW2), Korean (Korean War), Canadian (War of 1812), British (War of Independence/War of 1812) and Southern US (Civil War) would be precluded from being US Citizens by birth right as per 14th amendment.
There are no moral arguments for law, that's the problem, and the only argument is that there is no explanation of what "Jurisdiction" means here, so the universal rules applyThe moral argument for adding illegal aliens to that list is that if you entered the country thru illegal means, you are in the same category as that as an invading/occupying army. You are a hostile agent under the jurisdiction of another state.
The US Constitution if first and foremost a LEGAL document, and just like every law there was a moral argument FOR that law.
Children borne on US soil are automatically US citizens, except for:
- Diplomats (established 1868)
- Invading/occupying army (established 1868)
- Illegal aliens (proposed 2025)
So what is/are the MORAL argument(s) AGAINST adding illegal aliens to that list?
So far, I have yet to see anyone answering that question. Why not?
Or are YOU saying that the first two items do not exists?
Am not talking about legal permanent resident. Am talking about CITIZENS.
For the purpose of citizenship, should illegal aliens be treated as hostile agent?
If there are no specification of "Jurisdiction" one have to be assume that everyone within the boundary of United States are under the Jurisdiction of the United States, otherwise you can argue if such jurisdiction is not express to EVERYONE (Be it illegal immigrant, legal migrant, diplomat or US CItizens) then since there are no explanation of the jurisdiction throughout the entire US constitution, then one can assume that if it only mean US citizens in those jurisdiction, then every law derived by the US constitution (Which is all the federal law) will not applies to those who are not fall under US JUrrisdiction. Which included Habeas Corpus, which mean the federal government do not have the right to your body if you are not of agency of the United States (ie a US CItizens) which then mean, anyone live in the US but not a US citizen cannot be arrested had they commit any crime, simply because US does not have jurisdiction on those people, if you interpret it that way.
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