posted on May, 10 2010 @ 01:55 AM
That yahoo article is a mess. What Holder wants to have happen is the undoing of the general requirement that suspects be Mirandized upon arrest,
which is done to satisfy the requirement that they be made aware of their rights (so that evidence they may provide before arraignment is not later
deemed inadmissible because of the police's failure to make their rights known to them).
In other words, the goal is to keep suspects ignorant of their rights to the fullest plausible extent. I have to imagine that this would also involve
gutting the rules of evidence and bypassing the 5th Amendment somehow. Coincidentally, Leiberman's bill would afford prosecutors a means of doing
exactly those things, as non-citizens have only arbitrary rights (in this case, those the justice system chooses to grant them). By stripping suspects
of their citizenship, prosecutors enable themselves to treat them basically how they want.
The question of stripping individuals of their citizenship, or the rights guaranteed them as a consequence thereof, has no place in a republican form
of government, it is the domain of tyrannical regimes such as, you guessed it, Nazi Germany. The legal mechanism used to carry out the Final Solution
was stripping targeted individuals of their full citizenship
thereby exempting them the protections afforded by the
the Weimar Constitution
. As the article explains, erosion of the Constitution
was a major instrument in the Nazi's political ascension.
The Third Reich, of course, wasn't the only government to abuse the concept of citizenship, the formal concept goes all the way back to the Roman
. In folk etymology, the word "fired", with the meaning of dismissal or discharge,
arose from the supposed barbarian practice of burning down the dwellings of persona non grata. Ostracization as a form or means of punishment is
common among social mammals. All of this highlights the magnitude of the milestone achieved by the American founders in enshrining enumerated rights
and guaranteeing them unequivocally.
But that's just me