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Charles Soule @CharlesSoule
, 5 tweets, 1 min read Read on Twitter
I've been seeing nonsense about only "legal citizens" being eligible for due process under US law. Wrong. From the 14th Amendment: "nor shall any State deprive ANY PERSON of life, liberty, or property, without due process of law." (Emphasis mine.)
Here's the Fifth Amendment: "No PERSON shall ... be deprived of life, liberty or property without due process of law." (Again, emphasis mine.)
The Fifth Amendment set out the idea in the Bill of Rights, and the 14th Amendment hammered it home - it's not just citizens who get due process (which basically means fair, largely equal treatment.) It's PEOPLE. All people - including undocumented immigrants.
The Supreme Court has ruled on this a bunch of times. Zadvydas v. Davis (2001); Plyler v. Doe (1982); Almeida-Sanchez v. United States (1973)... it's very well-established. The law of the land.
Being eligible for due process doesn't mean you can break the law without consequences. It just means that when you're subject to legal proceedings, you'll be treated the same way as everyone else, citizen or not.
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More from @CharlesSoule see all

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Even your favorite President, the best, coolest one, can’t override the Constitution with an executive amendment. That’s how the Constitution is built, how the Supreme Court has ruled (in Youngstown v. Sawyer etc), and how America was designed from the start.
I’ve been thinking about executive orders, Constitutional amendments, Presidential power and how they interrelate this morning. Bottom line: the Constitution is the highest legal authority in the US, and all three branches of government are bound to its rules.
I think of the Constitution as designed as a sort of snapshot (or painting, considering when it was written) of a perfect America - one document describing the perfect society. That’s what the framers thought they were doing when they wrote it.
Read 23 tweets
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If they will do this to children, on the flimsiest excuse, they will do it to anyone.

Including, on the flimsiest excuse, you.
A fellow in my TL asked why I didn’t speak up while child separations were happening for eight years in the Obama administration. Answer (as an immigration attorney of over fifteen years) - they weren’t.
The idea of zero tolerance for border crossers, etc. began in 2005 in the GW Bush administration with a policy called Operation Streamline. It included mass “trials” with little to no due process - but it DID have exceptions for adults crossing with children.
Read 14 tweets

Related threads

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"What if the House fails prior to majority change?
What vested auth does the Constitution grant a sitting President re: matters of NAT SEC?
Thank you, Mr. Soros.
Q"
Nov 25 2018 21:37:32EST

Let's see what the Constitution has to say about this
#QAnon @POTUS #TheGreatAwakening (1)
-Convene & dismiss Congress
-Arrest Legislators
-Fill all vacancies
-Suspend Habeas Corpus & #5A
-CIC of all State Militias
-Protect all States from invasion
-Guarantee Republican form of gov't in all States
-Void debts
-Seize land & property
-Apply punishment retroactively
(2)
Arrest Legislators (Article 1, Section 6)

Senators & Representatives...shall in all Cases except Treason, Felony & Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses & in going to and from same. (3)
Read 27 tweets
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TAKING A LOOK:

14th Amendment (see Wiki)

"Section 1. 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 first word of particular interest to me is the word "and"; it is conjunctive. That means the idea that preceded it and the idea that followed it MUST be tied together: you can NOT be a citizen by just being BORN here; and, you can NOT be a citizen by just being NATURALIZED.
Read 16 tweets
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Since @realDonaldTrump appears to only read things he sees on Twitter I figured it was worth it to post the Bill of Rights here, in a hope that he might learn something about our govt and laws while he is POTUS. Please share and enjoy the wisdom of our Founding Fathers. #Covfefe
Article I (Amendment 1 - Freedom of expression and religion): "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances."

Article II (Amendment 2 - Bearing Arms): "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."
Read 42 tweets
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0/ And now, a dozen angry tweets.
1/ When taking office, the President makes this oath:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
2/ The 14th Amendment to the Constitution says, “… 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.”
Read 13 tweets
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John Kelly, Trump, and ICE have adopted the plot of Sophie’s Choice as policy. The most outrageous of all the Trump outrages. What can lawyers do to stop it? Seek injunctions and constitutional torts claims ASAP. Thanks, @chrislhayes for in-depth coverage. msnbc.com/all-in/watch/t…
2/ The 14th Amendment applies to all *persons*, not just citizens: “No State 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.” And it applies to feds, too
3/ The 5th Amendment also applies to “persons,” not just citizens: “No person shall be deprived of life, liberty, or property, without due process of law.” And the 8th A. states: “cruel and unusual punishments [shall not be] inflicted.”
Read 17 tweets
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Jeff McLean’s tweet prompts me to do something I’ve thought about for a long time. Talk about Justice Clarence Thomas
As many of you know, Thomas has been sneered at and ridiculed a lot by the liberal press

cnn.com/2016/02/29/pol…

And by liberals on twitter
twitchy.com/loriz-3139/201…
The fact that he doesn’t ask questions during arguments tells you nothing about him. The assumption is he’s either stupid, has already made up his mind, or could care less about hearing the arguments
Read 47 tweets

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