Interesting People mailing list archives
more on seeking a forecast
From: David Farber <dave () farber net>
Date: Sat, 21 May 2005 14:42:39 -0400
Begin forwarded message:From: "Michael Froomkin - U.Miami School of Law" <froomkin () law miami edu>
Date: May 21, 2005 10:44:30 AM EDT To: David Farber <dave () farber net> Cc: Ip ip <ip () v2 listbox com> Subject: Re: [IP] seeking a forecast Reply-To: froomkin () law tmStrip 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 () iftf org> Date: May 21, 2005 12:10:38 AM EDT To: Dave Farber <dave () farber net > 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
-- http://www.icannwatch.org Personal Blog: http://www.discourse.net A. Michael Froomkin | Professor of Law | froomkin () law tm U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm -->It's warm here.<-- ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- more on seeking a forecast David Farber (May 21)