Can Hamdi waiver citizenship?
Michael Zimmer
zimmermi at shu.edu
Thu Sep 23 20:53:26 PDT 2004
He has reportedly given up the right to civil damages tor his
(mis)treatment. I haven't seen anything on it, but has he also given up
his right to speak about his (mis)treatment while in custody as an "enemy
combatant"?
Michael J. Zimmer
Professor of Law
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
973.642.8194 fax
"Sanford Levinson"
<SLevinson at law.utexas. To: <jason.mazzone at brooklaw.edu>, <conlawprof at lists.ucla.edu>
edu> cc:
Sent by: Subject: RE: Can Hamdi waiver citizenship?
conlawprof-bounces at lis
ts.ucla.edu
09/23/04 05:43 PM
This certainly seems to set up a classic "unconstitutional conditions"
problem. How crucial is it, incidentally, that Hamdi has a place to go
to (that apparently will accept him)? Could the US in effect create a
"stateless" person?
sandy
-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Jason Mazzone
Sent: Thursday, September 23, 2004 5:35 PM
To: conlawprof at lists.ucla.edu
Subject: Can Hamdi waiver citizenship?
A condition of Yaser Esam Hamdi's release from the brig in Charleston is
that he renounce his U.S. citizenship. From news reports, Hamdi is
apparently not troubled by this condition. But is citizenship,
guaranteed under the Fourteenth Amendment, subject to waiver through a
deal with the government? If indeed citizenship can generally be waived
(plea bargaining comes to mind) how about in this kind of case, as a
condition for the release of somebody who has never even been
prosecuted? And can individuals held as enemy combattants be required to
give up other constitutional protections (speech, religion, for example)
if they want to be set free?
Jason Mazzone
Assistant Professor of Law
Brooklyn Law School
250 Joralmeon Street
Brooklyn, NY 11201
(718) 780-7514 (voice)
(718) 780-0394 (fax)
> On October 20. Canada votes to accept the U.S. offer. On November
> 2nd (or whatever the relevant date), Canadians vote overwhelming for
> John Kerry. Do these votes count? How many electoral votes? Who
decides?
>
>>>> "Matthew J. Franck" <mfranck at radford.edu> 09/23/04 11:46 AM >>>
> I haven't read the article yet, though I look forward to it. My
> question is, if there is continuity from the Articles to the
> Constitution, is the
>
> offer still open for Canada to become the (now) 51st state? Or was
> that
>
> foreclosed by the Constitution's failure to mention it?
>
> Matt
> ***************************
> Matthew J. Franck
> Professor and Chairman
> Department of Political Science
> Radford University
> P.O. Box 6945
> Radford, VA 24142-6945
> phone 540-831-5854
> fax 540-831-6075
> e-mail <mailto:mfranck at radford.edu>mfranck at radford.edu
> www.radford.edu/~mfranck
> ***************************
> At 07:08 PM 9/22/2004, Calvin Johnson wrote:
>> I invite critique and controversy in reaction to my "Homage
>> to
>
>> Clio: The Continuity from the Articles of Confederation into the
>> Constitution," 20 Constitutional Commentary 463 (2004), which can be
>> reached at
>> http://www.utexas.edu/law/faculty/calvinjohnson/HomageToClio.pdf
>> I would of course send the reprint to you all, personally, if only I
>> could afford it.
>> My best
>> Calvin Johnson
>> Abstract: The nature of the United States continued
> even
>> as the Articles of Confederation was replaced by the Constitution.
> The
>> Constitution is a radical document, but unstated assumptions about
>> political institutions continued from the Articles into the
>> Constitution. Only the provisions that were challenged or changed
> were
>> written down. Routine parts of what the Framers knew defied
> articulation.
>> Historical continuity explains why George Washington
>> could be President, even though Virginia had not ratified the
>> Constitution either when he was born or when the Constitution was
>> adopted. The United States was the same United States before and
> after
>> ratification.
>> Historical continuity implies that the ban in the
>> Articles of Confederation on state discrimination against
>> out-of-state
>
>> citizens by taxation or regulation is part of the Constitution,
> although
>> not stated. The norm was strongly felt, but unchallenged and so not
>> written down in the Constitution.
>> Historical continuity implies that Congress may
>> commandeer state officers as it did under the Articles. Tax
> requisitions
>> were a commandeering of state officers for federal benefit under the
>> Articles. The Framers assumed that requisitions of tax and similar
>> commandeering would continue under the Constitution.
>> Finally, historical continuity implies that Congress
> has
>> the general power to adopt all appropriate measures "for the common
>> Defence and general Welfare." The debaters assumed that federal
> powers
>> would be legitimate even though they were not enumerated so long as
> the
>> powers fell appropriately within the national sphere. They removed
> the
>> requirement in the Articles of Confederation that Congress have only
> the
>> powers "expressly delegated" to it, and they defended that removal
>> through the adoption of the Tenth Amendment
>>
>>
>>Calvin H. Johnson
>>Andrews & Kurth Centennial Professor of Law The University of Texas
>>School of Law
>>727 E. Dean Keeton (26th) St.
>>Austin, TX 78705
>>(512) 232-1306 (voice)
>>FAX: (512) 232-2399
>>Website: http://www.utexas.edu/law/faculty/calvinjohnson/cv.pdf
>>_______________________________________________
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> or
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>
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