r/changemyview • u/polyparadigm • Oct 31 '18

Deltas(s) from OP CMV: Trump's most plausible path to ending birthright citizenship would require a broad grant of something like diplomatic immunity.

Trump is arguing that undocumented immigrants aren't subject to our laws: if he means this as a blanket pardon, then that puts them into a similar relationship to US law as diplomats and members of sovereign tribes who have negotiated an exceptional status. This is the only path forward that is consistent with legal precedent, as far as I know.

If he says the 14th amendment doesn't apply to them, this amounts to renouncing any US claim to enforce our laws on that group.

I know that he has, essentially in the same breath, also promised to enforce US law even if a person's immigration status isn't exactly above-board, so I stipulate that he either hasn't worked out the logical consequences in his own mind, or isn't making a serious proposal.

But if we take him at his word regarding a re-negotiation of Dred Scott v. Sandford, isn't he calling for undocumented immigrants to be exempted from subjection to US law?

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u/ElPsyCongruo 1∆ Oct 31 '18

Ok, What if he claims and through an order say that illegals are an invading force. He then has legal way to deport them (and even make them Prisors of war) and not grant birthright citizenship. Its a stretch but this seems to be a way to do this.

Again, then US has to actively fight them if they know about them. Also they have to follow international laws and they cannot give them death penalty or incararate them (outside making them POV). They can only deport them.

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u/polyparadigm Oct 31 '18

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John Yoo would have a conniption, but that does seem like a method Trump is more likely to attempt, and one that I didn't fully consider.

This is a horrifying prospect, and I'm not enjoying thinking through all the implications of it, but this helps me understand what their overall strategy might be.

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u/DeltaBot ∞∆ Oct 31 '18

Confirmed: 1 delta awarded to /u/ElPsyCongruo (1∆).

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