Trump Vows to End Birthright Citizenship

Also Ha Ha...you guys are in fine form this morning.... and not even on topic.... BONUS!

 

People have been saying Trump can't do it since he was running for office but he keeps getting it done. I'm tired of the we can't do it attitude of so many in America. The fourteenth is an arcane amendment this time has passed and it's currently being used to enable and encourage illegal immigration.

 

Well, that is the argument some make.

But it raises some questions. Would a visitor from a foreign country can be drafted into the military in cases of emergency? Could a visitor can be required to file an income tax return, since that is a requirement?

According to writings from the time, when the 14th Amendment was ratified, it was argued that "subject to the jurisdiction" meant they had no allegiance to a foreign government. Meaning, they had renounced citizenship. Without renouncing citizenship, they would not be subject to the jurisdiction of the US, as they would only be subject to the jurisdiction of the country they were citizens of.

Doesn't mean they wouldn't have to abide by the laws of the US.

 

Good luck with that.
Frankly, I don't see any constitutional amendments that are seen as being partisan. The threshold for amendment is just too high.

 

That's the interpretation of the anti gun people. It's just historical fact that the fourteenth was for ex slaves and indians

 

I don't the think so, because there was essentially no such thing as being her illegally when it was written. We basically had open borders. And the individual in question didn't come here illegally anyway.

 

I would love to see a federal attorney argue that "this person (who is currently living in the US) is not subject to US jurisdiction". If that argument succeeds, that person could break every federal law with impunity. ICE would not be able to extradite him.
You run with that.

 

2A has been brought before the SCOTUS before, and will be again. EO's have to be judged on their individual merits. So what's the real question? The SCOTUS authority, and in regards to what? Liberals can't and aren't distinguishing constitutional provisions, congressional legislation, and presidential EO's. I shudder to imagine electing them to uphold what they do not even understand.

 

Then get a Senator or Congressman to sponsor a bill.

You do realize that every time Bush issued an EO l, the Democrats howled, and when Obama issued an EO, the Republicans howled.

You are basically saying you support a President who would issue an EO in direct contradiction to a Constitutional Amendment.

It’s true the Conservative party is dead!

 

Now I know John Brennan is rolling in his grave this morning. And about time. His little footnote to history easter egg is finally going to be retired. And good riddance. If Brennan can write a footnote, the President can write an executive order. Then, let the courts decide. The day has finally come for the lawless left to face their day in court.

 

LOL

If you're going to comment, I would suggest the next time, try reading my post first.

Knee jerk reactions serve very little purpose.

 

I believe a carefully drafted EO would force the question to the Supreme Court, where the vagueness of "subject to the jurisdiction thereof" could be settled.

It is within the President's power to issue an EO related to citizenship and immigration. Remember, Obama did the same.

 

The exact meaning of the 14th amendment has never been decided by the demigods in black robes

But birthright citizenship is written in US code passed by cpngress

So I’m not sure if trump has the authotity here or not

 

The DACA "children" are having children ... it does apply. I think the EO must target "automatic" citizenship ... possibly just targeting the economic benefit of "automatic" citizenship. The EO might well center on naturalization law.

 

LOL an I do indeed mean LOL.

Talk about very very settle law constitution law that would be birth right citizenship.

But is would be truly amusing to be able to dig deeply into the records of hard line far righters to see if any of their ancestors had not full out their paperwork correctly and therefore allowing us to deport them to nations that they have no tied to such as they would care to do to others.

 

"Related to" and "directly contradicting" are wholly different animals though.

Obama's executive order was a slight variation of a prosecutorial discretion argument that has been used and upheld for decades. Trump is directly contradicting and overruling roughly 150 years worth of US jurisprudence regarding the US Constitution.

 

If the Supremes uphold it I'm fine with that but just getting this issue on the table and being openly debated is political genius right before an election and if the election goes the right way something may just be done on this front. The fourteenth was never meant to do what it does today.

 

Honestly, this is probably the fastest course to resolution to the Brennan footnote. As soon as he signs the EO, you can be sure that the progressive world will come unhinged and sue in every possible federal district. Call it fasttracking. You understand that the footnote wont hold up to legal scrutiny, right?

 

Obviously you don't know the history of the fourteenth

 

I have to be worried for Trump's legal authority to do something like this if you are willing to even cast some doubt.

 

LOL I am sure that everyone would just love having their citizenship open to question due to the actions or lack of actions of their ancestors.

As I already stated I would be more then willing to throw in some dollars to have the Trump family history look at just to begin with.

 

What? Now Trump is the teller of absolute truths!? It's like Sally Yates was out of her simple mind to clairvoyantly rule on Trump's travel ban, which did have to be ammended.

 

The 14th Amendment was added after the Civil War in order to overrule the Supreme Court’s Dred Scott decision, which had held that black slaves were not citizens of the United States. The precise purpose of the amendment was to stop sleazy Southern states from denying citizenship rights to newly freed slaves — many of whom had roots in this country longer than a lot of white people.

The amendment guaranteed that freed slaves would have all the privileges of citizenship by providing: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

 

In the end it does not matter what I think about these very complicated legal issues

Because it will all go to the supreme court who will have the last word

 

If your parents rob a bank you don't get to keep the money and if your parents break into this country you shouldn't get to be a citizen. The current law encourages illegal immigration just as a law saying your kids can keep the money would encourage robbery.