Jim Franklin
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Jim Franklin
@gsmd566.bsky.social
190 followers 870 following 20 posts
I like dogs, science, law, and politics.
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Reposted by Jim Franklin
evanbernick.bsky.social
It is no exaggeration to say that the leading case against birthright citizenship would not only result in a 14A that fails to overturn Dred Scott—it resembles Dred Scott’s theory of citizenship.
Schuck and Smith’s account has been subjected to decades of devastating criticism. For instance, critics have highlighted the fact that enslaved people were smuggled into the country illegally and without the consent of either enslaved people or the United States following Congress’s 1807 prohibition on importing slaves. If Schuck and Smith are right, then it is doubtful that the Citizenship Clause would have nullified Dred Scott v. Sandford’s categorical denial of Black citizenship, even though this is what it is universally understood to have been designed to do. (Indeed, as Schuck and Smith concede, their account of the Citizenship Clause suggests that it incorporated a theory of citizenship which closely resembles the one articulated in Court’s infamous 1857 decision. Dred Scott saw Chief Justice Roger Brooke Taney emphasizing the importance of the “will and intention” of the sovereign to make a class of people part of the political community.)
January 30, 2025 at 1:23 PM
Reposted by Jim Franklin
wydstrin.bsky.social
January 27, 2025 at 12:52 AM
gsmd566.bsky.social
This is what governing by EO looks like. Hopefully it shuts Rand Paul the f'up.
January 27, 2025 at 12:57 AM
gsmd566.bsky.social
But but but it's a national security risk endangering american lives.
January 21, 2025 at 1:22 PM