[IP] more on seeking a forecast
Begin forwarded message:
From: "Michael Froomkin - U.Miami School of Law"
<froomkin@xxxxxxxxxxxxx>
Date: May 21, 2005 10:44:30 AM EDT
To: David Farber <dave@xxxxxxxxxx>
Cc: Ip ip <ip@xxxxxxxxxxxxxx>
Subject: Re: [IP] seeking a forecast
Reply-To: froomkin@xxxxxx
Strip US citizens of their citizenship so we can torture them as
enemy combatants or deport them?
1. Citizens by birth: never (not legally anyway - rogues in the
executive branch may claim illegally to have done so but, as the
Supreme Court recently made it almost clear in the Hamdi and Padilla
cases, the executive branch can't toy with the rights of citizens in
this manner.)
It would be unconstitutional. Indeed, the principle of citizenship
is so fundamental that were the powers that be ever to do such a
thing, the nation they governed wouldn't be the US any more.
2. Citizens by naturalization: the question needs additional
specification because we do this already in special cases where the
government can prove in court that the person lied on their
application [e.g. former Nazi prison guards] or omitted something
important. The idea is that the fraudulent acts in the application
vitiate the naturalization. Thus, you'd have to say something like
"stripped a naturalized citizen of citizenship for acts committed
subsequent to naturalization".
At which point the answer should be, and almost certainly will be,
see #1, since we don't have two classes of citizenship for anything
other than eligibility to serve as President.
On Sat, 21 May 2005, David Farber wrote:
From: Paul Saffo <psaffo@xxxxxxxx>
Date: May 21, 2005 12:10:38 AM EDT
To: Dave Farber <dave@xxxxxxxxxx >
Subject: seeking a forecast
Dave-
I would be curious to know from the rest of the IP list when they
think that the US will strip an American citizen of their citizenship
and toss them overseas, or into a jail cell. Now, there are two
layers of possibility: a naturalized American citizen, or a citizen
by birth. Anyone willing to make a forecast?
best
-p
--
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A. Michael Froomkin | Professor of Law | froomkin@xxxxxx
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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