Citizenship Lost?
There has been some talk lately of stripping Americans, charged with, or suspected of, terrorism, of their citizenship. Before they are even brought to trial.
I have no problem with stripping anyone of their citizenship after they have been found guilty, by judge or jury, of crimes against the people or against the state. But after. Not before.
Some would argue that stripping one of their citizenship is no different than holding another without bond. The fear being they will flee the country before being brought to trial. Be that as it may, that person will still stand trial and may even be found innocent of the charges brought before him or her.
Should that be the case, their innocence confirmed, they are free to go, with full citizenship, honor, life intact. At least that’s the theory.
In my mind the same should remain true of any American citizen charged with crimes against the state, or terrorism. A trial, in a court of law, and not one of the kangaroo variety, should come first. If, and when, one is found guilty of terrorism, treason or some other heinous action against the people of this great country, then and only then should their citizenship been taken from them.
Nor should they ever again be given a second chance to do harm to this country or its citizens. It boggles my mind that any citizen of this great nation, born here or naturalized would wish to do this country harm. But they are out there. And we need to deal with them.
When I attended school (all those many years ago) what I took away in terms of the American judiciary is this: the rule of law overshadows all else. Or did I imagine that?
No matter what the court, whatever the crime, one immutable rule governs over all else in these United States of America: a person is innocent until proven guilty. That a person has a right to face his or her accusers. You can only be tried once for a crime. Once found guilty you are sentenced within certain guidelines; once found innocent you are immediately freed.
Watch Law and Order sometime. It’s in reruns everywhere and very enlightening.
Did I miss something?
American citizenship is bestowed upon us by birthright. The instrument of that right is the U. S. Constitution and is forged within the 14th Amendment, 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.”
Seems pretty straight forward to me. If you were born on United State’s soil, you’re a citizen. If you want to take it away you better have a damn good reason. That reason comes at the end of a fair trial. Guaranteed by due process. Not before.
I am not a lawyer. Nor do I play one on tv, in the bedroom or elsewhere. As fun as that may be for some, and perfectly legal in the privacy of your own home, but don’t quote me. (Never quote me. That could get you into serious trouble.) Certainly I am not a constitutional scholar. But I don’t think you have to be schooled in law to understand the basic tenets of the Constitution.
There is much to afraid of out in the big, bad world. Those that wish to strip citizenship from Americans, without due process and trial, scare me. Just as much as the terrorists.
That's scary. Stripping it after prosecution makes sense to me, but not before. Wow. But it's kind of pointless in a way, isn't it? I'm not aware of any instance where having stripped a "citizen" of their status would have prevented them from escaping before trial. Maybe Congress thinks it gives us the impression that at least they're doing SOMEthing - while the terrorism continues. And although the suspects couldn't fly off as easily, they could certainly escape over the Canadian or Mexican borders. Everyone else seems to know the way across.
ReplyDeleteIt amazes me that legislators would even consider this (before being found guilty). Thanks for the heads up. Great blog.