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by generalizations
427 days ago
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The question is whether an illegal immigrant has access to due process. The 14th has been thrown around in that context since it seems to make references to both due process and the people it is available to. The question is not what due process entails. The question is who gets access to it. Pretty sure you missed my point fairly thoroughly. |
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It makes references to who birthright citizenship applies to (the part that your "jurisdiction" bit comes from): "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."
It separately details due process rights against the states, and who they are applicable to, which is all persons: "...nor shall any state deprive any person of life, liberty, or property, without due process of law."
Due process against the federal government comes from the 5th Amendment, which was around long before the 14th, but also applies to all persons. "No person [...] shall be deprived of life, liberty, or property without due process of law."
> The question is not what due process entails. The question is who gets access to it.
The 14th Amendment has nothing to do with that, when the party acting is the federal government. (OTOH, where it does apply, it says exactly the same thing as the provision that does apply to the federal government, that due process applies to every person.)
> Pretty sure you missed my point fairly thoroughly.
I'm pretty sure that you are the one missing the point -- both mine and the Constitution's.