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it kinda always was calvinball, we just had administrations less keen on pulling out the cruelest interpretation of the laws.



You're suggesting there was a previous administration that rounded up lawful permanent residents without court orders on US soil, on the charge that they committed forbidden speech?


previous administrations have done way worse clear all the way to fdr imprisoning citizens and wilson imprisoning debs.


I don't recall anything FDR did that called the citizenship of anyone into question. Debs was tried and convicted by a court.


> Debs was tried and convicted by a court.

oh yes. and he broke a law passed by congress. that makes it even MORE appalling, as all three branches were complicit in an egregious breach of the constitution, not a single one stopped to hold the line


Wasn't the internment of Japanese a thing back then?


Yes, but FDR's executive order allowed the military to order the exclusion of anyone from any place. The actual thing a person could be arrested for was passed unanimously by Congress to support the EO and enforced by courts. Even during a real national emergency, nobody was disappearing Japanese people without due process. Korematsu was arrested and tried and convicted and their conviction was upheld by courts of appeal and the Supreme Court. At the time FDR, Congress, the Court, and everybody else thought they were doing due process. There's a lot of daylight between that and what Trump is doing.


> that makes it even MORE appalling, as all three branches were complicit in an egregious breach of the constitution

Congress and SCOTUS are playing calvinball with the Constitution (and civil rights) too.




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