Timeline for Is it legal to shoot groups of Native Americans in some US States?
Current License: CC BY-SA 3.0
18 events
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| Feb 8, 2017 at 21:32 | history | edited | reirab | CC BY-SA 3.0 |
Just noticed I accidentally said 'all citizens' instead of 'all people' in the answer. Constitution says 'person.'
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| Nov 22, 2016 at 20:54 | review | Suggested edits | |||
| Nov 22, 2016 at 22:46 | |||||
| Dec 26, 2014 at 20:57 | comment | added | reirab | @fredsbend The question "Is it legal in any state?" The Constitution applies to all states, so the answer to the question, as stated, is definitely "No." Whether there is a law that would allow that in some state does not affect whether it's actually legal because it would be superseded by the Constitution. The claim that it is legal in some state is disproved by the Constitution stating that it is not. | |
| Dec 26, 2014 at 20:50 | comment | added | user11643 | Did you debunk the claim or are you applying your interpretation of constitutional law to the situation? Is this a skeptics site or a law site? Laws have titles and sections. The burden of proof is on the claimant. What laws exactly allow this then? | |
| Dec 26, 2014 at 18:39 | vote | accept | Evorlor | ||
| Dec 26, 2014 at 6:38 | comment | added | user2338816 | @ChrisW It's mostly irrelevant whether someone is a citizen. The "equal protection" applies to everyone, as does almost the entire rest of the document plus Amendments. General discussion at Rights, Privileges, and Duties of Aliens, some specifics at PLYLER v. DOE, WONG WING v. U S, and YICK WO v. HOPKINS. | |
| Dec 26, 2014 at 6:32 | comment | added | Andrew Lazarus | Diplomats are the exceptional case; it's not as if Oklahoma could execute a tourist (or even an illegal immigrant) without trial. | |
| Dec 26, 2014 at 5:17 | comment | added | ChrisW | Yes, I suppose that e.g. resident aliens (recent immigrants) tend to be protected too. | |
| Dec 26, 2014 at 5:13 | comment | added | reirab |
Note that the clause in question says that a state may not deny equal protection to "any person within its jurisdiction," not "any citizen within its jurisdiction."
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| Dec 26, 2014 at 2:04 | comment | added | Michael Lorton | @ChrisW -- you can doubt it if you want, but for that down to mean anything, you have to find a case where a state denied protection to someone within its legal jurisdiction on the grounds that the person was within its personal jurisdiction. | |
| Dec 25, 2014 at 22:30 | comment | added | cpast | @Malvolio The 14th Amendment doesn't stop states from extending equal protection to those who aren't subject to US jurisdiction; it just doesn't require it (for diplomats specifically, the United States has obligations under the Vienna Convention on Diplomatic Relations to protect them). The clause does mean "personal jurisdiction," which is why children of diplomats aren't citizens of the United States. | |
| Dec 25, 2014 at 20:38 | comment | added | ChrisW | @Malvolio I doubt that foreign diplomats are protected by the 14th Amendment. | |
| Dec 25, 2014 at 20:32 | comment | added | Michael Lorton | @ChrisW -- "jurisdiction" in the last clause does not refer to personal jurisdiction; that is, it doesn't matter whether the person claiming the protection of the state is himself subject to state laws or not. If you shoot a foreign diplomat (i.e. someone who, unlike an Indian, is not personally subject to the state's jurisdiction) in Oklahoma, you can be tried by the State of Oklahoma (unless Federal prosecutors takes the case, of course). | |
| Dec 25, 2014 at 15:30 | comment | added | user5341 | @ChrisW - they are to a large extent (there may be certain edge cases, but they don't apply to things like Constitutional rights) | |
| Dec 25, 2014 at 13:31 | comment | added | Alan Munn | @ChrisW Yes: justice.gov/otj/about-native-americans | |
| Dec 25, 2014 at 10:50 | comment | added | ChrisW | Are Native Americans citizens, subject to American jurisdiction? | |
| Dec 25, 2014 at 7:40 | history | edited | reirab | CC BY-SA 3.0 |
Bolded relevant portion of the quote.
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| Dec 25, 2014 at 7:33 | history | answered | reirab | CC BY-SA 3.0 |