Robert Ginsberg

8 posts

Robert Ginsberg

Robert Ginsberg

@Prof__G

Katılım Ocak 2026
39 Takip Edilen1 Takipçiler
Robert Ginsberg
Robert Ginsberg@Prof__G·
@The_Real_Joey_B @Foff777778 @marklevinshow To clarify what I’m saying, without b), a) would not obviously make Indians an exception because they did not have immunity, just modified jurisdiction, so only the allegiance concept clearly makes them an exception.
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Joey B
Joey B@The_Real_Joey_B·
@Prof__G @Foff777778 @marklevinshow Indians had reservations where they policed and had separate nation status. They gained birthright, later, through legislation. B is irrelevant, unless you have diplomatic immunity.
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Robert Ginsberg
Robert Ginsberg@Prof__G·
@The_Real_Joey_B @Foff777778 @marklevinshow Indians were not fully subject to federal laws, but were partially subject to them, so if the measure was purely about a), it would have easily been expressed by inserting “fully” before subject to, otherwise it’s ambiguous with respect to Indians… but not ambiguous if b). See?
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Robert Ginsberg
Robert Ginsberg@Prof__G·
@The_Real_Joey_B @Foff777778 @marklevinshow in 1868, subject to jurisdiction LIKELY meant a) the US’ laws applied to you & b) that you did not have political allegiance elsewhere. Howard’s explanation to congress re: 14th: exceptions being diplomats & Indians leans towards a) but falls short as Indians were subject to law
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