Though Lieberman has not yet introduced legislation in congress, the Lieberman citizenship bill is already raising tensions on both sides of the aisle. Legal experts are calling the bill, simply, “draconian”. The American legal system is intended for citizens and non-citizens, and generally accessible even without small cash loans. Will the Lieberman citizenship bill cause more problems than it solves, or will it be effective?
History behind the Lieberman citizenship bill?
Senator Lieberman wrote the citizenship bill after expressing concerns over how Faisal Shahzad was treated after his arrest. Publicly, Senator Lieberman has worried over Shahzad was read his Miranda rights – despite the fact that he was read them late. Shahzad was read his Miranda rights, a fact that Senator Lieberman has decried. As an American citizen, Faisal is entitled to a full civilian trial.
Details of the Lieberman citizenship bill
The Lieberman citizenship bill would amend current law to “revoke citizenship from people with ties to a foreign terrorist organization”. By revoking citizenship, this bill would revoke constitutional protections. The questions about this bill are mostly questions about how these citizenship-revoking actions would be defined.
The question of Lieberman citizenship definitions
There are many questions raised by the Lieberman citizenship bill. First, the Lieberman citizenship bill doesn’t define what constitutes “ties” to foreign terrorist organization. The bill also does not consist of a standard of proof, or any recourse for anybody who’s wrongfully accused. In place of standards, the State Department would be granted new authorities.
Difficulties would not be solved with the Lieberman citizenship bill
Lieberman has said this bill is intended to “fix” the fact Miranda rights were read to the Times Square bomber. However, in writing the bill, it appears that Lieberman’s citizenship stripping won’t “fix” that problem. Miranda rights apply to non-citizens, even when arrested within the United States.
Constitutional questions about the Lieberman citizenship bill
The Lieberman citizenship bill will probably stand to legal challenge if it is passed. Current law already states that any citizen who fights for a foreign army does so at risk of their citizenship. U.S. Citizens can’t be involuntarily be deprived of their citizenship, according to a 1967 Supreme Court ruling. The only way the government can deprive citizenship is by proving the citizen intended to revoke their citizenship on their own.
Sources:
Atlantic Wire
http://www.theatlanticwire.com/opinions/view/opinion/5-Problems-With-Liebermans-Citizenship-Stripping-Bill-3488
Atlantic
http://www.theatlantic.com/politics/archive/2010/05/citizen-lieberman/56227/
Salon.com
http://www.salon.com/news/times_square_bomb_attempt/index.html?story=/politics/war_room/2010/05/05/faisal_shahzad_lieberman
Washington Post
http://voices.washingtonpost.com/plum-line/2010/05/how_liebermans_citizen-strippi.html
