Article IV, Section 4 of the U.S. Constitution
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
Civilians crossing the border doesn’t constitute an ‘invasion,’ nor is there any case law interpreting Article IV in that manner.
How about our very own military doing the shooting and protecting out borders. You don't shoot them on the outside of the border, you kill them on the OUR side of the border. Clearly posted sighs in many languages... will shoot to kill any trespassers.
Rather simple. You come illegally, get shot in the attempt...tough.
And the mechanics of what you’re advocating demonstrates its idiocy, there’s no way to confirm that someone who is ‘on our side of the border’ is indeed entering illegally. There are many towns and cities directly on the border in addition to factories and warehouses where it’s impossible to see people actually cross the border.
The US military killing civilian nationals of other countries on American soil would be a violation of international law and human rights. And it would place in jeopardy thousands of Americans living and traveling abroad.
YouÂ’ve stated this before and at that time I cited the case law indicating this is not correct.
IÂ’ll cite it again for others reading this thread, you may continue to ignore this fact of law understanding it only exhibits your ignorance:
The SCOTUS has misinterpreted that admendment over and over. It in no way gives any human who happens to be on US soil the same rights that I have. The persons it is refering to are former slaves not just anybody who happens to be standing here.
In your opinion, which means nothing. All that matters is the CourtÂ’s opinion cited above.
The 14th should never have been passed to start with. It would never have if the union did not have the south under martial law.
The 14th Amendment was needed, for among other reasons, to nullify
Dred Scott v. Sandford (1857), which held that slaves and their descendents were not US citizens. This was still the law of the land, regardless the outcome of the Civil War.
The 14th Amendment is hardly ‘poorly worded,’ it expressed and codified a simple fact of law: that all persons have inalienable rights, and those rights are protected within the jurisdiction of the United States.
In
Plyler the Court held that the designation of a person as ‘illegal’ by a government agency doesn’t supercede the 14th Amendment, and that indeed the government has no authority to determine who may or may not have his civil rights.