Consider This from NPR

Can the U.S. banish its citizens?

24 snips
Apr 16, 2025
In this engaging conversation, Matt Ford, a staff writer at The New Republic specializing in legal affairs, tackles Donald Trump's controversial proposal to banish U.S. citizens for crimes. The discussion dives into the unconstitutionality of this idea, drawing parallels to historical banishment practices and their impact on citizenship rights. Legal experts weigh in on how such proposals challenge American values and the legal framework surrounding deportation. The podcast also explores the ethical implications of these radical ideas in the current political landscape.
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ANECDOTE

Ancestors' Banishment Story

  • Matt Ford discovered his 11th great-grandparents, Lawrence and Cassandra Southwark, were banished as Quakers under Puritan Massachusetts laws.
  • Their banishment led to their death from exposure, showing banishment could be a de facto death sentence in colonial America.
INSIGHT

Banishment Is Historically Outlawed

  • Banishment was historically used but is now largely disregarded and seen as unconstitutional.
  • It was common in the colonial era but died out before the American Revolution and became prohibited thereafter.
INSIGHT

Banishment Lacks Legal Basis

  • No clear constitutional or legal basis exists for exiling U.S. citizens.
  • Courts have never ruled on banishment, but it conflicts with established principles of citizenship and due process.
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