@Gillitrut's banner p

Gillitrut

Reading from the golden book under bright red stars

1 follower   follows 0 users  
joined 2022 September 06 14:49:23 UTC

				

User ID: 863

Gillitrut

Reading from the golden book under bright red stars

1 follower   follows 0 users   joined 2022 September 06 14:49:23 UTC

					

No bio...


					

User ID: 863

I guess I don't understand why Plyler v. Doe doesn't settle the issue. Quoting subsection (a) of the holding from the syllabus:

(a) The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall "deny to any person within its jurisdiction the equal protection of the laws." Whatever his status under the immigration laws, an alien is a "person" in any ordinary sense of that term. This Court's prior cases recognizing that illegal aliens are "persons" protected by the Due Process Clauses of the Fifth and Fourteenth Amendments, which Clauses do not include the phrase "within its jurisdiction," cannot be distinguished on the asserted ground that persons who have entered the country illegally are not "within the jurisdiction" of a State even if they are present within its boundaries and subject to its laws. Nor do the logic and history of the Fourteenth Amendment support such a construction. Instead, use of the phrase "within its jurisdiction" confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory. Pp. 457 U. S. 210-216.

The equal protection clause is, itself, the final clause in the first section of the 14th amendment (emphasis added):

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.

Am I supposed to be reading into this a difference between "subject to" and "within" a state's jurisdiction? Does "jurisdiction" mean something different between two clauses of the same paragraph of the 14th amendment?

I think compelled civilian deference to the military is the opposite of how it should work. The military exists to serve civil society, not the other way around. There's a reason the Commander in Chief is a civilian.

You want a constitutional amendment to guarantee veterans priority for boarding and deplaning commercial flights?

I don't disagree but I think a key prerequisite missing here is the President builds support, both in Congress and in the public, before launching hostilities. The President deciding to bomb some people and then everyone has to go along with it so we don't look weak isn't, and ought not be, how it works either.

I just wanna zoom in on this paragraph:

But you see a lot of people with an agenda trying to defang the war effort or get it cancelled or whatever. Many probably don't expect it to happen, they are just trying to set up Trump looking bad. An example of this is probably the war powers resolutions.

Is it your position that Congress passing a resolution compelling the President to cease hostilities is "probably" treasonous?

I don't have the text of the law to hand so maybe, but the article at least doesn't describe any. It does mention that Kansas' law differs from other states with similar requirements by invalidating existing licenses.

The bill prohibits documents from listing any sex other than the one assigned birth and invalidates any that reflect a conflicting gender identity. Florida, Tennessee and Texas also don’t allow driver’s licenses to reflect a trans person’s gender identity, and at least eight states besides Kansas have policies that bar trans residents from changing their birth certificates.

But only Kansas’ law requires reversing changes previously made for trans residents. Kansas officials expect to cancel about 1,700 driver’s licenses and issue new birth certificates for up to 1,800 people.

I get the impression those other states required new/renewed licenses to have the new sex marker, but Kansas' law makes that requirement retroactive, which is what invalidates the existing licenses.