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To: Regulator

I hope you’re right, friend.

I claim no expertise, but I’m not sure how a foreign visitor can be subject to our laws (stealing, speeding, etc.), but not be under our jusisdiction.

Are you saying that a German citizen who commits a crime by coming to the US illegally is not subject to US jusisdiction under the law?


72 posted on 02/15/2010 11:49:45 AM PST by Owl558 ("Those who remember George Satayana are doomed to repeat him")
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To: Owl558; Regulator

They can be subject to criminal penalties but they can’t be drafted or serve on juries because they’re not citizens and therefore have no allegiance to the US. At least that’s the interpretation of the jurisdiction clause that many experts believe was meant when it was written in the 1860s.


76 posted on 02/15/2010 12:15:56 PM PST by Reaganwuzthebest
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To: Owl558
Are you saying that a German citizen who commits a crime by coming to the US illegally is not subject to US jusisdiction under the law?

You're confusing territorial with political jurisdiction, i.e. allegiance.

This was addressed by Ed Meese and John Eastman in their Amicus brief to the Supreme Court in Hamdi.

Read it Here and a top level explanation here.

In particular read the brief where it points out that the construction of the wording of the 14th should not be assumed to be redundant (bottom of page 6, top of page 7). Then you will understand the distinction.

82 posted on 02/15/2010 12:38:42 PM PST by Regulator (Welcome to Zimbabwe! Now hand over your property....)
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To: Owl558
Actually, better link to the second here
83 posted on 02/15/2010 12:40:08 PM PST by Regulator (Welcome to Zimbabwe! Now hand over your property....)
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