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To clarify further, interpretation of what it means to to be a right of people vs a limit on Congress; FEC v. Massachusetts Citizens for Life is one of many exa
by trimethylpurine 3y ago
To clarify further, interpretation of what it means to to be a right of people vs a limit on Congress; FEC v. Massachusetts Citizens for Life is one of many examples where we have to assume SCOTUS interpreted that it's a right of people as there was no congressional action for them to limit in that case. They are clearly protecting people.
These cases go back and forth.
I would argue that it wasn't necessary to spell out that constitutional rights apply to citizens because the law is presumed to defer to common practice in cases where no law exists. That is, laws go back to long before the Constitution and those laws are referred to as common law.
In that sense; the king has lordship of his subjects, and no obligation to subjects of other kingdoms. He collected taxes, and provided protection from foreign threat and justice for his subjects.
Likewise, citizens of China don't pay taxes to the US, they have not that obligation because they are not subjects of the US government. Neither do they have the rights that are afforded a subject thereof.
Congress has no need to clarify that. It's presumed to be the case. That they mention it in certain amendments is incidental, despite the creative interpretations I've read, mostly from immigration proponents. (Not that I'm opposed, I'm an immigrant.)
No doubt, lots of people prefer to interpret this differently, especially when it's a right they need for a specific reason. That's exactly what China is doing here.
They are arguing about why the law should be interpreted in their favor this time. And next time they will argue the other way, as they do against their subjects.
It's up to the judge what it means in each case, but as a generally accepted interpretation, applying US law and protections to a foreign nation without some kind of formal alliance specifying more directly what is provided, is an egregious stretch of the imagination. It's ridicule, at best.