more on seeking a forecast

[David Farber <dave () farber net>]

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 tm


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 () 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
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