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> The Supreme Court is going to have to clarify the existence or non-existence of constitutional rights for people living here unlawfully. I'm not a lawyer, bu
by zzrrt 1y ago
> The Supreme Court is going to have to clarify the existence or non-existence of constitutional rights for people living here unlawfully.
I'm not a lawyer, but... they already have for decades or centuries, and not in the direction that MAGA wants.
> “Yes, without question,” said Cristina Rodriguez, a professor at Yale Law School. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”
> Many parts of the Constitution use the term “people” or “person” rather than “citizen.” Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen.
[...]
> In the ruling, Justice Antonin Scalia wrote “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
Granted, only that last one is actually the Supreme Court. Perhaps there are hundreds of Supreme Court cases testing individual pieces of the constitution, but as the professor said, for the most part they give all the same rights. MAGA has managed to make everyone doubt and argue over it. The party of "Constitution-lovers" flagrantly violating both the plain wording and decades of legal rulings on the Constitution.
https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have https://www.pbs.org/newshour/politics/what-constitutional-ri...
- sanderjd 1y agoYeah I don't doubt any of this myself. But the Court is still going to have to rule on it. Which isn't so weird. The Court has to reiterate rulings sometimes. The thing that is unusual is that I have some genuine uncertainty around whether the current Justices will try to give the executive more leeway here than they should, as "compliance in advance" out of concern about their rulings being ignored by this administration.