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Profepps's profile
Prof. Garrett Epps
Prof. Garrett Epps
Prof. Garrett Epps
@Profepps

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Prof. Garrett Epps

@Profepps

SCOTUS Correspondent, http://theatlantic.com , Prof., U. of Baltimore School of Law. Novel: THE SHAD TREATMENT. I don't answer eggs or FSB contractors.

Washington, DC
Joined April 2010

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    1. Kevin M. Kruse‏Verified account @KevinMKruse Oct 31

      Kevin M. Kruse Retweeted Jack Posobiec  🇺🇸

      No, that's completely wrong. Let's dig in.https://twitter.com/JackPosobiec/status/1057275904240615424 …

      Kevin M. Kruse added,

      Jack Posobiec  🇺🇸Verified account @JackPosobiec
      How many talking heads in media will take the time look up the Congressional Record of 1866 to see what the authors of the 14th Amendment actually said it means? Posobiec did: pic.twitter.com/7q1BWZK8NF
      567 replies 6,015 retweets 14,774 likes
      Show this thread
    2. Kevin M. Kruse‏Verified account @KevinMKruse Oct 31

      First of all, there's no way you really looked up "the Congressional Record for 1866" because the Congressional Record didn't start until 1873. What you've got there -- which somebody else apparently looked up -- is from the *precursor* to the Record, the Congressional Globe.

      69 replies 890 retweets 7,986 likes
      Show this thread
    3. Kevin M. Kruse‏Verified account @KevinMKruse Oct 31

      Kevin M. Kruse Retweeted Steve Kantrowitz

      Second, here's a thread by @skantrow, an actual historian who's expert on this era, who *did* look into the full debate -- which, again, was in the Congressional Globe -- rather than clumsily cherry-pick a quotation.https://twitter.com/skantrow/status/1057229372631998464 …

      Kevin M. Kruse added,

      Steve Kantrowitz @skantrow
      1/ On birthright citizenship, read the debate in the U.S. Senate, Jan. 30, 1866. The framers of the Civil Rights Act--the immediate precursor to the 14th Amendment, and the first place national citizenship was codified--knew exactly what they were doing.
      Show this thread
      13 replies 754 retweets 4,605 likes
      Show this thread
    4. Kevin M. Kruse‏Verified account @KevinMKruse Oct 31

      Kevin M. Kruse Retweeted Liz Crocker, Ph.D.

      Third, in that thread you'll find a link to another scholar who's helpfully provided screenshots of *other* parts of the debate on the Fourteenth Amendment that make the original intent of the Senate crystal clear.https://twitter.com/liminalphase/status/1057331379111948288 …

      Kevin M. Kruse added,

      Liz Crocker, Ph.D. @liminalphase
      Senator Trumball: My own opinion is that all these persons born in the United States and under its authority, owing allegiance to the United States, are citizens without any act of Congress. They are native-born citizens. /2 pic.twitter.com/klxJvh6VNY
      Show this thread
      17 replies 514 retweets 3,382 likes
      Show this thread
    5. Kevin M. Kruse‏Verified account @KevinMKruse Oct 31

      Fourth, here's yet another expert, @Profepps, a law professor who's a leading authority on constitutional issues like these:https://www.theatlantic.com/ideas/archive/2018/10/birthright-citizenship-constitution/574381/?fbclid=IwAR3oOH0MOhHpOOxoRV3Sy4BGHL1z89vsSqeIcUzHFqjMyI34rwNsm_JiiW8 …

      20 replies 496 retweets 3,173 likes
      Show this thread
    6. Michael Dionne‏ @twinsdx2 Nov 2
      Replying to @KevinMKruse @Profepps

      1) I’m no scholar but would certainly challenge the logic of this professor. In his accident example the foreigner is only subject to the jurisdiction because of the accident. Before that were they. Could they be summoned for jury duty or be required to sign up for the draft?

      2 replies 0 retweets 0 likes
      Prof. Garrett Epps‏ @Profepps Nov 2
      Replying to @twinsdx2 @KevinMKruse

      No, s/he is subject to the jurisdiction because of physical presence in the territory. This isn’t hard if you’re not trying to change the meaning of the words. Aliens in US must follow our laws unless covered by diplomatic immunity.

      3:33 AM - 2 Nov 2018
      • 1 Like
      • bad9
      2 replies 0 retweets 1 like
        1. New conversation
        2. Michael Dionne‏ @twinsdx2 Nov 2
          Replying to @Profepps @KevinMKruse

          So again I’ll ask if they are under the jurisdiction of the US can that person be called for jury duty or the draft. I’m not trying to change anything just trying to learn the meaning of under the jurisdiction of.

          1 reply 0 retweets 0 likes
        3. Kevin M. Kruse‏Verified account @KevinMKruse Nov 2
          Replying to @twinsdx2 @Profepps

          Let's try it this way: Did you ever see Lethal Weapon 2? Remember when the South African bad guys insist they can't be arrested because they have "diplomatic immunity"? They're saying that as staff of the embassy, they are not subject to the jurisdiction of American laws.

          2 replies 0 retweets 0 likes
        4. Kevin M. Kruse‏Verified account @KevinMKruse Nov 2
          Replying to @KevinMKruse @twinsdx2 @Profepps

          Now, an ordinary visitor from South Africa here as a tourist would *not* have been able to claim that. They could've been stopped by US law enforcement for speeding, or robbery, or -- in the case of Lethal Weapon 2 -- orchestrating an international drug smuggling operation.

          1 reply 0 retweets 0 likes
        5. Kevin M. Kruse‏Verified account @KevinMKruse Nov 2
          Replying to @KevinMKruse @twinsdx2 @Profepps

          Now, imagine the guys in Lethal Weapon 2 gave birth to a kid here. That kid would not be granted birthright citizenship, because those people who aren't subject to the jurisdiction of our laws don't also get the benefits of birthright citizenship under the Fourteenth Amendment.

          2 replies 0 retweets 0 likes
        6. Kevin M. Kruse‏Verified account @KevinMKruse Nov 2
          Replying to @KevinMKruse @twinsdx2 @Profepps

          But the South African tourist, if she gave birth to a kid here, that kid *would* be granted birthright citizenship. None of the South Africans -- diplomats or tourists -- would be subject to the draft or jury duty or anything like that. We're just talking about their kids.

          1 reply 0 retweets 0 likes
        7. Kevin M. Kruse‏Verified account @KevinMKruse Nov 2
          Replying to @KevinMKruse @twinsdx2 @Profepps

          I should end by noting that I am not a lawyer and not a constitutional expert, so I'll defer to Professor Epps on that. But I have seen Lethal Weapon 2 several times.

          1 reply 0 retweets 0 likes
        8. Michael Dionne‏ @twinsdx2 Nov 2
          Replying to @KevinMKruse @Profepps

          I’ve seen all the lethal weapons and am neither a scholar or a judicial expert. Just a thinker trying to understand the meaning of jurisdiction in the Constitution so as to be able to understand better this national debate. Thanks for your input I appreciate it.

          0 replies 0 retweets 1 like
        9. End of conversation
        1. Michael Dionne‏ @twinsdx2 Nov 2
          Replying to @Profepps @KevinMKruse

          An alien follows all the laws and doesn’t break any. Do they automatically fall under our jurisdiction or are they still under their home countries. If they break a law they are under the jurisdiction of our laws but if not what makes them under our governments jury.

          0 replies 0 retweets 0 likes
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