A Somali U.S. citizen, Mubashir, was arrested by federal immigration officers in Cedar-Riverside Tuesday during a mass enforcement.
In the video, a federal officer is seen putting Mubashir in a choke hold and forcing him onto his knees in the snow as he was on his way to get food. Mubashir said he told officers multiple times that he is a U.S. citizen and asked if he could show them his I.D. Officers ignored him, dragged him in the snow and pushed him into a car as witnesses yelled and blew whistles, according to the video of his arrest.
Just a general reminder:
Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The MAGAs are reading all kinds of stuff into those words, which are very clear.
I just heard a guy rationalizing all over the place, that the 14th was ONLY to make citizens of the newly freed slaves, because…it didn’t even include Native Americans, so how could we think it means people from other countries? What if an invading soldier from another country has a child in America, is the child a citizen? Etc.
If it was to mean all those nuances they want it to mean, them those things should have been written explicitly into the Amendment, but they weren’t. So modern MAGAs don’t get to decide that they get to rewrite past passed amendments to suit their racist demands, especially since even by their own definition, it was written to do something that they would be against (citizenship for slaves and their children).
The constitution is null and void
No, it is not. The people have failed.
Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Oath of commissioned Officers: I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. (Title 5 U.S. Code 3331, an individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services)
That’s a contradictory statement. The constitution is null and void if “the people” have failed to uphold it. The constitution isn’t self evident, nor is it enforceable or interpretable by any single individual. It’s a social contract defined by the courts and enforced by its martial arm.
When you swear an oath to uphold the Constitution you aren’t swearing to uphold your personal interpretation of the Constitution. You are swearing to uphold the legal definition of the Constitution, inpreted by the supreme court. A court which has made it pretty clear that prior interpretations no longer really matter.
Yes. I understand that. I also understand that the supreme Court does not interpret the constitution, they apply the constitution to laws. They are not some God-like Watchtower society, and when they stray, they Must be impeached. We, the people, elect our representation in Congress and are at fault for all of this. I grew up in a military family and was myself a servicemen. I was always taught that the 2nd was put in place to protect against tyranny, but those same people have failed and are quite fine with tyranny as long as it is against “others”. In my opinion, they are traitors. Many of the liberals or Democrats are also at fault. We have elected spineless representatives and allowed this to go on for far to long. This country needs a progressive party to survive, or the nationalists will forever destroy it.
That’s a pedantic dispute, they interpret the constitution when applying their understanding of the constitution to laws.
Theoretically that would be nice, but getting two thirds of the Senate to agree on anything is unrealistic.
Eh… We don’t exactly have a direct democracy, and the bicameral nature of our representative government was created to empower conservatives. This was made even worse by the Great Compromise.