Tonight, Bill would quote a 2006 or so federal statute for us which says “shall be detained”.
He, like the courts in Texas — takes those three words (in isolation) completely out of context.
Out of both their historical import, and all the then contemporary on the record statements in Congress — about how that clause needs to be applied — consistent with the United States Constitution.
For its part, the United States Constitution protects “persons” from lawless (unreasonable) searches, and seizures — not just “citizens.” It uses the word persons.
The founders did so quite intentionally — [as a foil against the British royalty’s claims over British nationals on US soil, subject to kidnap, by “the King’s men”.] So, to say that “any person on US soil” is protected by the fourth amendment is to honor its plain English meaning.
And so, any “person” that Texas detains and holds for months or years at a time, regardless of their paperwork/status, is… a “person.”
Thus perforce, the fourth amendment’s text grants them the right to both habeas corpus and due process hearings when they’ve been arrested — without a full judicial warrant.
The Supremes will say just exactly that when the case gets there.
In the meantime, all those Powerline boys are… idiots. And racist idiots — to boot.
Out.
