Trump and his supporters clearly believe migrants have no constitutional rights. But that’s simply not true. They have the same rights as citizens for one truly obvious reason: a government c…
No person shall . . . be deprived of life, liberty, or property, without due process of law.
-5th Amendment
It doesn’t say no citizen. It says no person. So, if Due Process doesn’t apply to them, are they no longer people? Isn’t this basically one of the steps that led into the holocaust? They stripped the Jews of their citizenship, deprived them of personhood, then exterminated them.
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.
it seems if they had to state it twice it was both a problem and important. fuck that it’s a problem again. Also to echo your sentiment, person not citizen.
That clause is basically what incorporates the bill of rights to apply against the states. Before that Amendment, the BoR just applied against the federal government. To this day there hasn’t been official recognition by the judiciary to apply the some of the BoR against the states (3rd Amendment, the dollar requirement from the 7th, and the like).
-5th Amendment
It doesn’t say no citizen. It says no person. So, if Due Process doesn’t apply to them, are they no longer people? Isn’t this basically one of the steps that led into the holocaust? They stripped the Jews of their citizenship, deprived them of personhood, then exterminated them.
it seems if they had to state it twice it was both a problem and important. fuck that it’s a problem again. Also to echo your sentiment, person not citizen.
That clause is basically what incorporates the bill of rights to apply against the states. Before that Amendment, the BoR just applied against the federal government. To this day there hasn’t been official recognition by the judiciary to apply the some of the BoR against the states (3rd Amendment, the dollar requirement from the 7th, and the like).