The Cellar  

Go Back   The Cellar > Main > Current Events
FAQ Community Calendar Today's Posts Search

Current Events Help understand the world by talking about things happening in it

Reply
 
Thread Tools Display Modes
Old 04-26-2010, 10:39 PM   #1
Redux
Guest
 
Posts: n/a
Quote:
Originally Posted by TheMercenary View Post
But yet it does not make them "Citizens" now does it? Nor does our Constitution provide for such.
You keep raising a point that I never made.

I never said anything about making them citizens or suggested that the Constitution provides the same rights as citizens.

I guess you are just unwilling to accept the basic Constitutional rights of "the people" as opposed to the specified rights of citizens.
  Reply With Quote
Old 04-26-2010, 10:41 PM   #2
TheMercenary
“Hypocrisy: prejudice with a halo”
 
Join Date: Mar 2007
Location: Savannah, Georgia
Posts: 21,393
Quote:
Originally Posted by Redux View Post
You keep raising a point that I never made. I never said anything about making them citizens.

I guess you are just unwilling to accept the basic Constitutional rights of "the people" as opposed to the specified rights of citizens.
And you raised the parallel between Enemy Combatants in Gitmo and illegal aliens. Apples and Oranges. There is no comparison.

Constitutional scholars have not supported your notions.
TheMercenary is offline   Reply With Quote
Old 04-26-2010, 10:43 PM   #3
Redux
Guest
 
Posts: n/a
Quote:
Originally Posted by TheMercenary View Post

Constitutional scholars have not supported your notions.
In fact, 200 years of precedent support my notions regarding the application of the Bill of Rights (and subsequent amendments, unless otherwise specified) to non-citizens.
  Reply With Quote
Old 04-26-2010, 10:46 PM   #4
TheMercenary
“Hypocrisy: prejudice with a halo”
 
Join Date: Mar 2007
Location: Savannah, Georgia
Posts: 21,393
Quote:
Originally Posted by Redux View Post
In fact, 200 years of precedent support my notions regarding the application of the Bill of Rights (and subsequent amendments, unless otherwise specified) to non-citizens.
Ok, show me where in the words of the Constitution does it state that it pertains to let's say, Citizens of Turkey.

Go!
TheMercenary is offline   Reply With Quote
Old 04-26-2010, 10:45 PM   #5
TheMercenary
“Hypocrisy: prejudice with a halo”
 
Join Date: Mar 2007
Location: Savannah, Georgia
Posts: 21,393
Quote:
Originally Posted by Redux View Post
I never said anything about making them citizens or suggested that the Constitution provides the same rights as citizens.
I did. Our Constitution only provides Rights to Citizens.

Quote:
I guess you are just unwilling to accept the basic Constitutional rights of "the people" as opposed to the specified rights of citizens.
"The People" has been established to pertain to "Citizens"...
TheMercenary is offline   Reply With Quote
Old 04-26-2010, 10:47 PM   #6
Redux
Guest
 
Posts: n/a
Quote:
Originally Posted by TheMercenary View Post
I did. Our Constitution only provides Rights to Citizens.

"The People" has been established to pertain to "Citizens"...
As I cited earlier, The Supreme Court, starting with Vick Wo v Hopkins says otherwise.
Yick Wo v. Hopkins, 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.
And there have been numerous affirmations since then.

Please cite ONE case where the Supreme Court said that the term "the people" as expressed in the Constitution only applies to citizens.
  Reply With Quote
Old 04-26-2010, 10:48 PM   #7
TheMercenary
“Hypocrisy: prejudice with a halo”
 
Join Date: Mar 2007
Location: Savannah, Georgia
Posts: 21,393
Quote:
Originally Posted by Redux View Post
As I cited earlier, The Supreme Court, starting with Vick Wo v Hopkins says otherwise.
Yick Wo v. Hopkins, 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.
And there have been numerous affirmations since then.
None of those state that the US Constitution applies to non-citizens. Sorry.
TheMercenary is offline   Reply With Quote
Old 04-26-2010, 10:53 PM   #8
Redux
Guest
 
Posts: n/a
Quote:
Originally Posted by TheMercenary View Post
None of those state that the US Constitution applies to non-citizens. Sorry.
It sure does.

Read the words directly from the Court's decision:
“The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens and subjects of the emperor of China… . The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘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.’ These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws… . The questions we have to consider and decide in these cases, therefore, are to be treated as involving the rights of every citizen of the United States equally with those of the strangers and aliens who now invoke the jurisdiction of the court.”
  Reply With Quote
Old 04-26-2010, 11:07 PM   #9
TheMercenary
“Hypocrisy: prejudice with a halo”
 
Join Date: Mar 2007
Location: Savannah, Georgia
Posts: 21,393
Quote:
Originally Posted by Redux View Post
It sure does.

Read the words directly from the Court's decision:
“The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens and subjects of the emperor of China… . The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘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.’ These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws… . The questions we have to consider and decide in these cases, therefore, are to be treated as involving the rights of every citizen of the United States equally with those of the strangers and aliens who now invoke the jurisdiction of the court.”
As I stated the law of the late 1880's is no longer valid, nor does it make all persons in the US "Citizens" under our Constitution.

http://www.law.illinois.edu/lrev/pub.../Bernstein.pdf
TheMercenary is offline   Reply With Quote
Old 04-26-2010, 11:11 PM   #10
Redux
Guest
 
Posts: n/a
Quote:
Originally Posted by TheMercenary View Post
As I stated the law of the late 1880's is no longer valid, nor does it make all persons in the US "Citizens" under our Constitution.

http://www.law.illinois.edu/lrev/pub.../Bernstein.pdf
Why do you keep insisting on raise the false issue of making persons in the US "citizens"

I never said that and the Court never said that.

And the view of one attorney has not prevented the Court from citing Wo and other similar cases as precedent to affirm equal protection under the law for non-citizens.

I'm done.
  Reply With Quote
Reply


Currently Active Users Viewing This Thread: 2 (0 members and 2 guests)
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

All times are GMT -5. The time now is 11:28 PM.


Powered by: vBulletin Version 3.8.1
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.