These actions have nothing to do with due process or bringing back manufacturing, or finding waste, it has to do with testing the bounds of the judiciary, destroying the economy, making people mad so they'll get angry, protest leading to revolt so they can declare a national emergency, engage the military, indefinitely taking control bypassing the norms of governance. It's all deconstruction to rebuild in the image of russia and NK.
Considering the Constitution said "all men are created equal" but literally didn't count black men as 'people' or include any women in that, the names and words we use can be unfortunately blurred to mean something else entirely. I suspect that the maga/nazi party will absolutely try to redefine the 5th amendment as 'no citizen' or even worse - meaning natural confirmed US citizens will be whisked away with no due process.
See also: Amendment 14. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
I mean, we spent 175 years somehow squaring that language with slavery and Jim Crow. Not to mention delaying women’s suffrage. America has always found a way to betray its supposed ideals.
America was founded on three core ideals: Genocide, Slavery, Religious Nuttery. The Constitution have very little to do with Americas actually reason for being created as a nation.
Fundamentally, no matter what exception you think might apply to a person, you'd need due process to prove that it applies to them. You can't just skip the step where they get to contest your accusations just because you've already decided them guilty of something.
correct; it also doesn't say that people don't have those rights when they are not on us soil... the Constitution does not grant one single 'right'... it RECOGNIZES those rights that people already have. several of the grievances outlined in declaration of Independence related to the british governments violation of the rights of people (despite the fact that under british law at the time those 'rights' were not protected by that acting government).
ALL people should have those rights; no government should violate those rights and those rights are not dictated by borders. Further the UN Declaration of Human Rights (which the US has signed) enumerates several other rights that Trump seems hell bent on ignoring as well.
the 9th and 10th amendment expressly state that the people have rights beyond what is specifically enumerated in the constitution. Those were added to address concerns that tyrants would try to interpret the 'bill of rights' to claim that those are the ONLY rights the people have.
9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The racists out there who are like "due process is only for citizens" don't seem to understand that even if that were true - without due process there's no way to prove they AREN'T citizens. If they can just say "oh you're illegal" and boot you out without any due process or proof, they can do that to literally anybody. (and they are!)
Thats why racists start by taking humanity away of minorities by calling them savages, ignorant, rapists, murderers, criminals. You take the humanity away, their followers don’t see them as people.
Right but what about if I'm a total POS racist MAGA and I hear someone speaking non English. They are automatically illegal right? /sarcasmnotreallywiththesefucks
6 members of SCOTUS has abrogated their oaths, sworn to defend the US Constitution.
We need a remedy for justices who fail to uphold their sworn oaths. We need the DOJ to be an independent authority, NOT governed by the executive branch and with an Attorney General NOT appointed by the POTUS.
And throw in, "Any member of Congress that doesn't defend the republic from trespasses by the executive shall be flogged from the premises with a horse whip."
Exactly. Because otherwise anyone can claim you're not a citizen, and as soon as that assumption is in place, they don't have to give you the right to prove them wrong.
Yup. You take every poc and marginalized group away and they'll turn on each other. What percent Irish are you? You're not the right kind of white etc. They'll do anything but turn on the rich and corrupt officials.
Dehumanizing is a tactic. We're seeing it first-hand. There was a recent ICE raid at a local roofing company and 30+ people were arrested. My wife said it was brought up in conversation at work and a coworker just said "That's what you get for hiring illegals". No concern for the workers or their families. They're "illegals" and get what's coming to them. Substitute 'cockroach' or 'juden' and you'll see why this is terrifying rhetoric.
The question comes down to the definition and interpretation of "liberty"- immigrants are not executed, nor do they lose their property when deported, so is there a "liberty" right to remain in the U.S if you entered in violation of the immigration laws? Then if there is such right, what due process is that individual entitled to? The manner of the entry and past immigration history does currently affect the due process protections immigrants get. Due process needs to be protected.
"...is there a liberty right to remain in the US of you entered in violation of the immigration laws?" No, but there is one if you DID so you need due process configure out which is which.
No, there are circumstances in which you ARE allowed to remain in the US even if you entered ILLEGALLY, but those circumstances can be determined with a faster and more efficient process than a full Immigration Court proceedings. So what level of due process is necessary, and also who has a liberty interest and who doesn't even among the pool of illegal undocumented persons?
Yes. That makes sense. Now as a person in the United States without authorization and in violation of immigration laws facing deportation to your country of origin and citizenship, not criminal charges or prison, what level of due process are you entitled to? Is it that same as one facing criminal charges?
Interesting question, although I'd like to think that "get in the van or I'll shoot you" does not meet any definition of due process. Also, we are saying that people who are in the country legally should have a meaningful due process, correct? Seems even that needs clarification these days...
So people in the U.S. legally, meaning they have valid and current immigrant or non-immigrant visas do have due process when facing deportation for some violation. Those here illegally, currently, also have due process through the Immigration Court. It is a long and expensive process. It is not easy to deport anyone other than convicted criminals, and even then, they also have due process. What Trump is trying to do is find a way to circumvent it.
you are entitled to whatever level of due process a citizen arrested and threatened with involuntary detention and transporting should be provided with. the technical term for the governments actions here is "kidnapping." if you are being accused of something, due process means that you are granted an opportunity to contest the accusation. theres no subtlety needed.
Unfortunately not. That is not the case. the level of due process currently offered to noncitizens in non criminal immigration removal cases is far less than the level of protection offered and guaranteed to US citizens facing detention and transportation for criminal charges. 1) no lawyer for immigrants unless they can hire one; 2) different standard for bond (bail); 3) hearsay is permissible in immigration court; 4) lower standard of proof and evidence in immigration court.
Yellowchopsticks
I'm still waiting for the due process that convicted felon Trump already went through to get around depriving him of liberty and property.
hadan8088
These actions have nothing to do with due process or bringing back manufacturing, or finding waste, it has to do with testing the bounds of the judiciary, destroying the economy, making people mad so they'll get angry, protest leading to revolt so they can declare a national emergency, engage the military, indefinitely taking control bypassing the norms of governance. It's all deconstruction to rebuild in the image of russia and NK.
drduffer
Would that I could upvote this until the front page it ended up on was the front page of every newspaper and every blog viewed in the United States.
Fuck Cheeto and the MAGAts.
RESIST!
EllisTomago
Pointing out their hypocrisy does nothing to deter these people of even give them pause.
RevengeIsIceCream
nope, they'll just smirk smugly and ask what you're gonna do about it
justravenhere10
Only those thay service in the military are citizens
HunglikeaHamster
That's the same fifth amendment of the constitution that was in force during the era of slavery, isn't it? Just asking...
Detacheddavid
In the meantime, just make sure you report members of MS-13. You can easily recognize them: they wear an AR-15 rifle lapel pin.
ImperialForever
It was specifically written that way because a government that gives rights can also take them away. A lot of people seem not to care
DriverIRQnotlessOrEqual
Man if those republicans could read, they’d be so mad
bladderinfection
The founding fathers were (a) liars or (b) so racist they don’t consider blacks or women people, or (c) both.
This is what MAGA wants to return to.
Imadethisaccounttopost
Originally only land-owning white males who paid taxes, but there were exceptions even at the time.
Such as rich widows, or affluent minorities.
PyroAvok
3/5ths of a person, because the southerners wanted the votes but not the citizens. This country STARTED rotten.
custardandfishfingers24
Not all of them.
fractalsphere
Considering the Constitution said "all men are created equal" but literally didn't count black men as 'people' or include any women in that, the names and words we use can be unfortunately blurred to mean something else entirely. I suspect that the maga/nazi party will absolutely try to redefine the 5th amendment as 'no citizen' or even worse - meaning natural confirmed US citizens will be whisked away with no due process.
5050Saint
For accuracy's sake, it says this.
Aurzyerne
See also: Amendment 14.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
CyberHexx
They're Racist, not illiterate. They know what it says. They don't care.
Jenkies
I mean, we spent 175 years somehow squaring that language with slavery and Jim Crow. Not to mention delaying women’s suffrage. America has always found a way to betray its supposed ideals.
Avilan1972
America was founded on three core ideals: Genocide, Slavery, Religious Nuttery. The Constitution have very little to do with Americas actually reason for being created as a nation.
manystripes
Fundamentally, no matter what exception you think might apply to a person, you'd need due process to prove that it applies to them. You can't just skip the step where they get to contest your accusations just because you've already decided them guilty of something.
samanthadlcruz
correct; it also doesn't say that people don't have those rights when they are not on us soil... the Constitution does not grant one single 'right'... it RECOGNIZES those rights that people already have. several of the grievances outlined in declaration of Independence related to the british governments violation of the rights of people (despite the fact that under british law at the time those 'rights' were not protected by that acting government).
samanthadlcruz
ALL people should have those rights; no government should violate those rights and those rights are not dictated by borders. Further the UN Declaration of Human Rights (which the US has signed) enumerates several other rights that Trump seems hell bent on ignoring as well.
samanthadlcruz
the 9th and 10th amendment expressly state that the people have rights beyond what is specifically enumerated in the constitution. Those were added to address concerns that tyrants would try to interpret the 'bill of rights' to claim that those are the ONLY rights the people have.
samanthadlcruz
9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
at0msea
Wait till you see what the second amendment actually says. Originalists are full of shit
AnonymousMockingjay
/gallery/trump-says-due-process-all-is-impossible-constitution-says-isnt-7vQ24Cp
Trump says it's impossible to follow the Constitution.
Taokan22
You'd think as often as these MAGA guys plead the fifth, they'd know what it said.
OneGoodRib
The racists out there who are like "due process is only for citizens" don't seem to understand that even if that were true - without due process there's no way to prove they AREN'T citizens. If they can just say "oh you're illegal" and boot you out without any due process or proof, they can do that to literally anybody. (and they are!)
LaPotrilla
Thats why racists start by taking humanity away of minorities by calling them savages, ignorant, rapists, murderers, criminals. You take the humanity away, their followers don’t see them as people.
djangojazz
Right but what about if I'm a total POS racist MAGA and I hear someone speaking non English. They are automatically illegal right? /sarcasmnotreallywiththesefucks
Lovingimpaler
Fuck tRump!
EroticZombiePants
Remember though: It only implies this because SCOTUS has yet to rule it hasn't.
citizentrain
SCOTUS ruled on this in 1896: https://en.wikipedia.org/wiki/Wong_Wing_v._United_States
IDontCareAtAllButIShould
As far as they're concerned it doesn't apply to citizens either.
TonawandaBlue
Well, Democrats anyway
CelestialSea
How do you prove you're a citizen with arms and legs shackled and a bag over your head?
blueKD
cytherians
6 members of SCOTUS has abrogated their oaths, sworn to defend the US Constitution.
We need a remedy for justices who fail to uphold their sworn oaths. We need the DOJ to be an independent authority, NOT governed by the executive branch and with an Attorney General NOT appointed by the POTUS.
BoblovesMac31415101
And throw in, "Any member of Congress that doesn't defend the republic from trespasses by the executive shall be flogged from the premises with a horse whip."
Skuggen
If it doesn't apply to everyone, it doesn't apply to anyone.
morningxafter
Like Bosch says, “Everyone matters, or nobody matters.”
BorkBorkasson
Exactly. Because otherwise anyone can claim you're not a citizen, and as soon as that assumption is in place, they don't have to give you the right to prove them wrong.
hotaru251
i mean technically if we wanan try to abuse it then native americans can claim anyone w/o native blood in them is an illegal immigrant right?
Exdeath5000
Immigrants aren't people -MAGA
DudeThatsRacist
Companies are persons, not immigrants.
taez555
...or women, or black people, or gay people, or, or, or.... basically anyone who isn't a straight white rich christian ;-) male, and even then...
Omni21
Yup. You take every poc and marginalized group away and they'll turn on each other. What percent Irish are you? You're not the right kind of white etc. They'll do anything but turn on the rich and corrupt officials.
battleofhastings1066
Rich white men don't even get charged with crimes anymore, so no need for due process. /s
Ninjainslippers
Dehumanizing is a tactic. We're seeing it first-hand. There was a recent ICE raid at a local roofing company and 30+ people were arrested. My wife said it was brought up in conversation at work and a coworker just said "That's what you get for hiring illegals". No concern for the workers or their families. They're "illegals" and get what's coming to them. Substitute 'cockroach' or 'juden' and you'll see why this is terrifying rhetoric.
Imadethisaccounttopost
Coincidentally, that's how I'm starting to feel about MAGAts
HaberdasherInGold
MAGAts consume dead flesh, which explains why they are trying to kill this country.
SmellingMistake
Starting to?
TheForgewright
Violating the social contract will do that.
ToonamiT0M
They may technically be homosapiens, but they aren't people.
nowinsituation
The question comes down to the definition and interpretation of "liberty"- immigrants are not executed, nor do they lose their property when deported, so is there a "liberty" right to remain in the U.S if you entered in violation of the immigration laws? Then if there is such right, what due process is that individual entitled to? The manner of the entry and past immigration history does currently affect the due process protections immigrants get. Due process needs to be protected.
Amomani
Liberty literally means being free to wander about the country. See also privileges and immunities.
SomeDetroitGuy
"...is there a liberty right to remain in the US of you entered in violation of the immigration laws?" No, but there is one if you DID so you need due process configure out which is which.
nowinsituation
No, there are circumstances in which you ARE allowed to remain in the US even if you entered ILLEGALLY, but those circumstances can be determined with a faster and more efficient process than a full Immigration Court proceedings. So what level of due process is necessary, and also who has a liberty interest and who doesn't even among the pool of illegal undocumented persons?
erinaceus
if you are arrested and held in captivity, you have been deprived of your liberty, no matter who or where you are.
nowinsituation
Yes. That makes sense. Now as a person in the United States without authorization and in violation of immigration laws facing deportation to your country of origin and citizenship, not criminal charges or prison, what level of due process are you entitled to? Is it that same as one facing criminal charges?
homerinchinatown
Interesting question, although I'd like to think that "get in the van or I'll shoot you" does not meet any definition of due process. Also, we are saying that people who are in the country legally should have a meaningful due process, correct? Seems even that needs clarification these days...
nowinsituation
So people in the U.S. legally, meaning they have valid and current immigrant or non-immigrant visas do have due process when facing deportation for some violation. Those here illegally, currently, also have due process through the Immigration Court. It is a long and expensive process. It is not easy to deport anyone other than convicted criminals, and even then, they also have due process. What Trump is trying to do is find a way to circumvent it.
erinaceus
you are entitled to whatever level of due process a citizen arrested and threatened with involuntary detention and transporting should be provided with. the technical term for the governments actions here is "kidnapping." if you are being accused of something, due process means that you are granted an opportunity to contest the accusation. theres no subtlety needed.
nowinsituation
Unfortunately not. That is not the case. the level of due process currently offered to noncitizens in non criminal immigration removal cases is far less than the level of protection offered and guaranteed to US citizens facing detention and transportation for criminal charges. 1) no lawyer for immigrants unless they can hire one; 2) different standard for bond (bail); 3) hearsay is permissible in immigration court; 4) lower standard of proof and evidence in immigration court.