• =?UTF-8?Q?Re=3A_Feldman=3A_Trump_is_testing_our_constitutional_syst?= =

    From a425couple@21:1/5 to Jim Wilkins on Fri Feb 7 10:31:35 2025
    XPost: or.politics, ca.politics, seattle.politics
    XPost: fl.politics, alt.law-enforcement

    On 2/7/25 10:14, Jim Wilkins wrote:
    "a425couple"  wrote in message news:8HqpP.4$4mJa.0@fx03.iad...

    Consider what’s happened so far. The president can’t change the Constitution, so Trump’s executive order claiming to roll back
    birthright citizenship is beyond his power. A court has already said so, blocking the order from going into effect. Trump could appeal all the
    way to the Supreme Court, but it’s not going to make any difference. The high court is not going to announce a brand-new, made-up interpretation
    of the 14th Amendment.

    ------------------------------------------

    That case may depend on whether or not migrants or others (assassins, smugglers, spies, saboteurs) who sneak in and avoid authorities are
    under de facto US jurisdiction, though we might wish them to be. There
    are too many historical variations, precedents and conflicting interests
    in protecting our covert operatives while punishing foreign ones for
    this to be an easy question.

    https://en.wikipedia.org/wiki/Unlawful_combatant
    "In the United States, the Military Commissions Act of 2006 codified the legal definition of this term and invested the U.S. President with broad discretion to determine whether a person may be designated an unlawful
    enemy combatant under United States law."

    An example of how messy this can be is the Rosenbergs whose spying was detected by decoding Soviet communications. We knew what they had done
    but revealing how we knew in court would cause the encryption to change
    and cut off further access.
    https://en.wikipedia.org/wiki/Venona_project

    Another is the Zimmerman Telegram that pulled the US into WW1. The
    German message to Mexico passed through the USA so in essence the
    British agents who decoded it were spying on Americans. They weaseled
    out by claiming a different source. https://en.wikipedia.org/wiki/Zimmermann_telegram
    "The Germans handed in messages to the American embassy in Berlin, which
    were relayed to the embassy in Denmark and then to the United States by American telegraph operators. The Germans assumed that this route was
    secure and so used it extensively."

    Yes. There are some interesting legal theories on this.
    My weak prediction is the vast majority of babies born in
    the USA will continue to be considered as citizens.


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