US Politics |OT|

[Torillian]

thehunter said:

Lincoln suspended habeas corpus twice during the Civil War, under the debated meaning of the Suspension Clause.

Also, the courts have been mixed as to what protections non-US persons have:

On the one hand, Yamataya v. Fisher (1903) extended protections to non-citizens including criminal aliens.

On the other, the US border service was able to proceed under the Patriot Act to seize phones, computers and other papers of foreign persons upon entry into the US.  This power is not allowed for US persons under the Fourth Amendment.

Given all that, I'd be careful claiming that somehow Donald Trump is acting out of turn given what his predecessors (going back 31 presidents...) have done.  Just ask those Americans that Obama drone-deleted!

Similar to the powers given to the President to kick out immigrants of countries we're at war with the situation on the ground does matter. Using the Alien Enemies Act on World War II is notably different from doing it to Venezuela (unless you legit think we're at war with them). Suspending habeas corpus in a civil war is different from doing it because you are tired of dealing with courts. 

What the US border service is able to do has to do with where you are not who you are. They can and do seize things from US Citizens upon entry. They are given wide deference since they are dealing with entry into the country and not people currently in the country. 

Lastly, the "show trial" comment below is nuts. He was convicted by a jury. He did those things that are crimes and frankly he's done quite a few more crimes that will never see the light of day because they were federal crimes and now he's president. 

Last edited by Torillian - on 10 June 2025