HackerTrans
TopNewTrendsCommentsPastAskShowJobs

fmobus

no profile record

comments

fmobus
·10 дней назад·discuss
aren't a lot of bars in the US scanning the id card with some purpose-made id scanner? Seem to remember reading about that, and it being the US I would guess that data gets very much stored/shared/molested.
fmobus
·10 дней назад·discuss
Sorry, that makes zero sense. Why are you picking conscription into military service or obligation to pay income tax as the defining jurisdiction? Why those two things, and not something else?

Specifically, of those two things you selected: the first would be horrendously problematic as the defining jurisdiction, since it would exclude persons ineligible for conscription (women, disabled persons, etc), and the second wouldn't even have the effect you are suggesting, since persons on non-immigrant visas sometimes _are_ subject to income tax. Heck, I don't even reside in the US, am not a citizen, and I do pay income tax on my RSUs. What gives?

As for the Chinese spy/saboteur/etc: treason will still be treason, and it's not like your country was above internment camps.
fmobus
·10 дней назад·discuss
It matters. Because if the proposed executive order were to prevail, the US would effectively drastically change its citizenship assignment system, but it would still hinge on a right derived from a circumstance of your birth - a birthright. Essentially, it would move from "you are a citizen if you were _born_ in the country" to "you are a citizen if you were _born_ to a citizen".
fmobus
·11 дней назад·discuss
I look forward to reading the SCOTUS opinions on "US vs Chnr'xu@jjjjjj".
fmobus
·11 дней назад·discuss
A child of recognized foreign diplomat, if born in US soil, however, is not a US citizen at birth. And if they try to claim that later in life, it will be denied.

This has always been like that. All jus soli countries do it.
fmobus
·11 дней назад·discuss
Hate to be that guy, but this a pet peeve of mine that pisses me of...

The term "birthright" means "a right that is derived from the circumstances of your birth". Virtually ALL countries grant citizenship by consequence of the circumstances of birth, but what circumstances they consider vary. For some countries, the circumstance is "birth happened in the soil of the country" (jus soli), for others, it's "birth was to parents who are citizens of our country".

I said "virtually", because there is one SINGLE exception. The Vatican. Ok, there's the SMOM, but do they even count?
fmobus
·11 дней назад·discuss
Yes that's my position.

A person who is not under jurisdiction (e.g., putatively, the illegal immigrants), cannot be prosecuted.
fmobus
·11 дней назад·discuss
> We have to look to international standards concerning latin phrases to understand what Americans meant by the phrase "subject to the jurisdiction," but that isn't "complicated?" If you say so.

It really isn't, it's literally what lawyers do for a living.
fmobus
·11 дней назад·discuss
They are not subject to jurisdiction, where the hell did you get that idea? If a diplomat does something that would be a crime in the US, they are _asked_ to leave via diplomatic channels. They usually leave on their own. If they were under US jurisdiction, they could be TRIED in the US, but that basically never happens. The only few exceptions you will find to this were either cases where a) the person was not really immune to begin with b) their country waived the immunity or c) the immunity lapsed because the person did not leave the country in a reasonable timeframe after being asked to
fmobus
·11 дней назад·discuss
Citizenship means having political rights. If it's decided at some point that a martian may have political rights...then yes, as it stands, their offspring would have citizenship upon birth/ejection/hatching/transmogrification or whatever means of reproduction they use.

This is really no different than if we decided that a dolphin or a naked mole rat are able to hold political rights. If an understanding that this is possible emerges, then as a logical consequence any dolphin or naked mole rat born in US jurisdiction would be a citizen.
fmobus
·11 дней назад·discuss
So what's Thomas's point then? Do they mean to say that jurisdiction attached to soil is a feudal concept? Wtf? What IS the US jurisdiction then? Is no one under jurisdiction because there are no feudal lords obliged to serfs? What a load of nonsense.
fmobus
·11 дней назад·discuss
Well, it doesn't matter. If the SCOTUS decides that some people, in certain circumstances, are not in jurisdiction of US law, then they have to apply that notion everywhere.

They can't pick and choose "oh no they are in jurisdiction of law A but not in law B". Jurisdiction is a fundamental concept, there's no middle ground.

As for whether people are really doing birth tourism: sure, there might be some cases, but well, they are using something that the legal system allows. If the country feels like it doesn't want that happening, it needs to amend the Constitution.

(Also, let's not kid ourselves that the birth tourism thing is what conservatives care about... People doing that kind of thing are usually rich. The real target are poor illegal immigrants giving birth in the country.)
fmobus
·11 дней назад·discuss
We know that because jurisdiction is such a fundamental concept that it needs no further specification. It's fundamental to any system of laws, if a jurisdiction is not defined, the system of laws is useless. Running a legal system without a jurisdiction is like running computer code without memory space.

The US legal system defined everyone in its soil to be under its jurisdiction, _except diplomats_, because of diplomatoc norms.

If an illegal immigrant kills a person while in the US, they get tried according to US law. If a diplomat kills a person in the US, they do not get tried because the US has no jurisdiction over that diplomat.

> You’re saying we need to look to the international meaning of some Latin phrase (“jus soli”).

Discussion of law discussion that uses comparison with international standards is quite common in every legal system. The sentence regarding the murder of a relative of mine had citations of Italian law, German law, some Spanish doctrine. It was also peppered with Latin terms and expressions, because Roman law had quite an influence in all Western legal systems.

So yeah, sometimes discussions of law can be complicated. This one... Ain't.
fmobus
·11 дней назад·discuss
So, when I enter as a tourist, I'm not in jurisdiction? Sweet! Crime time!
fmobus
·11 дней назад·discuss
And that's assuming they can even board their flight. Airlines don't really like carrying extremely pregnant people because it's very risky.
fmobus
·11 дней назад·discuss
The jurisdiction clause is there because of diplomats. It's a common thing in other Jus Solis countries, for good reason.
fmobus
·16 дней назад·discuss
A popular solution in my country, at least for less formal restaurants and bars (and even nightclubs) is for each customer to have their own tab, which gets marked by waiters and stays with the customer. In those places, it's also the norm that you pay your tab at the cashier prior to leaving, and waiters don't have to handle with money.
fmobus
·17 дней назад·discuss
Cool story bro. But this shouldn't require a notary.

A sane country would handle this with a handful standardized forms of incorporation with clear rules, so that the majority of use cases that a normie might need is covered. All of this should be a few clicks on a gov webpage at most. Maybe some fee/deposit/whatever.

Lawyers and notaries should only start showing up when people want complicated setups.

(Yes I'm bitter with German notaries because so far they only took my money for some very mid service and couldn't even take two seconds of their time to answer an email with normal German words or clear instructions.)
fmobus
·18 дней назад·discuss
In my country, we have public exams to get into Uni, with the ones for high demand majors being very competitive, but performance in that exam is not a good predictor of academic performance.

The guy who got into my uni class as #2 in that exam dropped out after a few semesters because he couldn't beat calculus. The #4 took several extra semesters to graduate despite not working/not interning. Several others in the top third struggled through. We had _maybe_ 2 or 3 guys who straight-A'd the entire major.

I myself got in as #17 and still failed a few courses. Thankfully no one cared throughout my professional career.
fmobus
·в прошлом месяце·discuss
Unlike the oil dependency system, where there's actual scarcity of the thing you need (oil), there's nothing special about building solar panels that locks you to China. Basically any country could build it, but they need to figure out how to build stuff in general (as opposed to outsourcing like the last three decades)