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| | ::::If you were right, then no one born on American soil would ever be deported. But this has been done by government, including high-profile cases.--[[User:Aschlafly|Andy Schlafly]] 00:43, 24 May 2011 (EDT) | | ::::If you were right, then no one born on American soil would ever be deported. But this has been done by government, including high-profile cases.--[[User:Aschlafly|Andy Schlafly]] 00:43, 24 May 2011 (EDT) |
| | ::::::So your argument here is that because some people born on American soil are subject to deportation (which demonstrates that they are subject to US law, as it is US law that is determining where they might live), a child of a citizen and a non-citizen born on US soil may not qualify as "natural born," and this is backed up by the 14th Amendment, which says nothing about a child's parents or family. Moreover, because of the preceding, a child born to two non-US citizens has a greater claim on being a natural-born citizen than does the child of the American citizen. And Anne Dunham's baby may not have accepted US sovereignty, though you still have not provided any evidence for that claim. Do I have that right?[[User:LloydR|LloydR]] 09:06, 24 May 2011 (EDT) | | ::::::So your argument here is that because some people born on American soil are subject to deportation (which demonstrates that they are subject to US law, as it is US law that is determining where they might live), a child of a citizen and a non-citizen born on US soil may not qualify as "natural born," and this is backed up by the 14th Amendment, which says nothing about a child's parents or family. Moreover, because of the preceding, a child born to two non-US citizens has a greater claim on being a natural-born citizen than does the child of the American citizen. And Anne Dunham's baby may not have accepted US sovereignty, though you still have not provided any evidence for that claim. Do I have that right?[[User:LloydR|LloydR]] 09:06, 24 May 2011 (EDT) |
| − | | + | :::::::Vague anecdotes fail to persuade. Binding legal precedent set by the Supreme Court clearly says you're wrong. [[User:BradB|BradB]] 11:52, 24 May 2011 (EDT) |
| | Isn't one of the main rationales to keep those detainees at Guantanamo Bay that they would become ''subject to the jurisdiction'' of the United States if they ever set foot on American soil, as they owe allegiance to no other sovereignty (most obviously, they aren't soldiers)? Whether they were willing to accept this or not? And isn't that the idea behind the “wet feet–dry feet” policy, too? [[User:AugustO|AugustO]] 10:44, 24 May 2011 (EDT) | | Isn't one of the main rationales to keep those detainees at Guantanamo Bay that they would become ''subject to the jurisdiction'' of the United States if they ever set foot on American soil, as they owe allegiance to no other sovereignty (most obviously, they aren't soldiers)? Whether they were willing to accept this or not? And isn't that the idea behind the “wet feet–dry feet” policy, too? [[User:AugustO|AugustO]] 10:44, 24 May 2011 (EDT) |
| | :My point exactly. Since when is national sovereignty/jurisdiction something that an individual can choose to recognize or not. Here's a thought experiment: ask someone from another country to come to the US and do something in the US that is illegal in America, but legal back home. When they are arrested and tried, go with the defense of "My client doesn't recognize US sovereignty or jurisdiction, and should be released." See how far that goes with a jury, if the judge even allows such a defense. With the very narrow and specific exception of diplomatic immunity, which is not really relevant in this case, anyone entering the US implicitly recognizes US sovereignty and jurisdiction. [[User:LloydR|LloydR]] 11:02, 24 May 2011 (EDT) | | :My point exactly. Since when is national sovereignty/jurisdiction something that an individual can choose to recognize or not. Here's a thought experiment: ask someone from another country to come to the US and do something in the US that is illegal in America, but legal back home. When they are arrested and tried, go with the defense of "My client doesn't recognize US sovereignty or jurisdiction, and should be released." See how far that goes with a jury, if the judge even allows such a defense. With the very narrow and specific exception of diplomatic immunity, which is not really relevant in this case, anyone entering the US implicitly recognizes US sovereignty and jurisdiction. [[User:LloydR|LloydR]] 11:02, 24 May 2011 (EDT) |