Judge blocks Trumps EO to end birthright citizenship

[d0gbreath]

It's a correction to an erroneous interpretation of the Constitution. Like Brown v Board of Ed.

If our constitution is always suffering from erroneous interpretation, what good is it?

 

[Rawley]

If our constitution is always suffering from erroneous interpretation, what good is it?

It's done OK by us for 250 years.

 

[The Irish Ram]

An amendment, once ratified, becomes part of the Constitution. Good God Almighty, the ignorance in this thread is overwhelming.

You can add an amendment to augment an amendment. You can amend an amendment. You can ratify an amendment to remove an existing amendment. You cannot strike out parts of the Constitution that you don't like.

 

[Man With A Plan]

What does your distorted brain think the founders intent was?

That section of the Constitution wasn't added until after the Civil War, Slade...the Founders were dead and buried...

 

[WorldWatcher]

Well, Senator Howard, who actually drafted the Citizenship clause disagrees.

"[E]very person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

Thank you for confirming from the Congressional Record exactly what I said: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

The "foreigners" and "aliens" described were members of diplomatic missions. There is no "or" joining them. They are a signle inclusive group.

WW

 

[Care4all]

Well, Senator Howard, who actually drafted the Citizenship clause disagrees.

"[E]very person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

That's not disagreement. All persons, foreign or not, except those belonging to foreign diplomats and ambassadors of another nation, who are not subject to our jurisdiction, are born citizens if born on our soil. We had signed treaties that exempted foreign alien diplomats, ambassadors, who were exempted from our jurisdiction.

 

[otto105]

Just so we know we can take all the woke white guilt purple hair clowns seriously can you link us to your previous posts showing that you denounced the Kenyan’s executive action / creation of DACA?

Hilarious


Do you support the federal government to federalize your local police to do the function of the federal government and not pay for it.

 

[otto105]

Thank you for confirming from the Congressional Record exactly what I said: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

The "foreigners" and "aliens" described were members of diplomatic missions. There is no "or" joining them. They are a signle inclusive group.

WW

No, completely wrong.

And desperately stupid.

 

[d0gbreath]

It's done OK by us for 250 years.

It was designed to keep us from being ourselves. Which is a good thing!

 

[Winston]

an interpretation that is totally outside the contemplation of the people who wrote and voted for the Amendment.

IT IS BAD FOR THE U.S.

You are talking out of your damn ass. I sent you the Congressional Record of the debate in the Senate prior to the passing of the amendment. Had to use the Wayback machine because Trump has probably sent it down the rabbit hole like he has dozens of other websites.

Doesn't take long to get the gist of it. Cowan stands up and waxes eloquently about the Mongols, the Gypsies, how the Mongols are taking over California. But near the end of his opening speech, well he kind of accidently reveals the problem, both then and now. Them Mongols, they might be a superior race, I mean he came out and said it, it is on the record. Their tenacity, their skill, their industriousness. Old white man was skeered of losing his position to someone that works harder, works smarter, he wanted states to have the right to keep them out.

Conness countered. Sure, California, like any state, had the right to keep them out. But he was also pretty clear, if they got in, and they had a child, the child was a citizen under the PROPOSED 14th amendment.

I mean Conness waxed beautifully. He touched on the fact that Cowen's argument was mostly, no shit, actually said it, political theater. I mean in the first three pages
you find almost every single argument against immigration across the Southern Border that we have heard over the last four years. I would almost venture to guess the entire position of the MAGA turds was taken from Cowen's speech, that is how much they lack creativity and intelligent thinking.

Yes, bring this to the SCOTUS, I will personally file an Amicus Brief, and dare the right wing of that court to try their "original intent" argument.

 

[Slade3200]

That section of the Constitution wasn't added until after the Civil War, Slade...the Founders were dead and buried...

I’m just going off what dumb shit is saying, he brought up founders, intent

 

[WEATHER53]

Thank you for confirming from the Congressional Record exactly what I said: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

The "foreigners" and "aliens" described were members of diplomatic missions. There is no "or" joining them. They are a signle inclusive group.

WW

Oh so they are now diplomatic aliens instead of ambassadors as already referenced?
What a hoot.

 

[WEATHER53]

Well, Senator Howard, who actually drafted the Citizenship clause disagrees.

"[E]very person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

But but but
Aliens actually in 2025 now means diplomats who were aliens even though ambassadors and foreign ministers were already identified and referenced
Lib 101

 

[Luckyone]

I believe that Trump fully well anticipated that some knee jerk lib judge would try to label the EO “unconstitutional.”

And I also believe it will soon end up in the SCOTUS.

Although there are arguments to be made on both sides of the matter, and the ultimate determination isn’t assured, it is certainly a very real possibility that “birthright citizenship” for babies born here to illegal aliens is going to get shut down.

Not unless the SCOTUS decides to go against the Constitution

Fourteenth Amendment, Section 1:

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Based on the first sentence of Section 1, the Court has held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.1 The requirement that a person be subject to the jurisdiction thereof, however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,2 or children of members of Indian tribes subject to tribal laws.3 In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents.4 Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States

 

[WorldWatcher]

But but but
Aliens actually in 2025 now means diplomats who were aliens even though ambassadors and foreign ministers were already identified and referenced
Lib 101

Who is saying that?

Not I.

There are well established treaties and protocols for being part of a diplomatic mission and having diplomatic immunity (I.e. not being under the jurisdiction of the host country.

WW

 

[Road Runner]

So I'm confused. Do democrats care about the US Constitution or not?

This is an unconstitutional order that should get should should really not even be heard by the Supreme court.

Oh my gosh... Biden flashbacks.

We aren’t talking about illegals. We are talking about humans born on our soil

From the parents of illegal aliens and that's the problem. I don't understand the process of getting this changed so I really can't comment on that part, but from what I've been reading from you in this thread at least you seem like you can see the issue.

 

[wamose]

This case is destined to end up in the SC. Both sides will appeal an unfavorable decision until it reaches the SC, and there is no doubt about that. Our legal system is turning into a money eating boondoggle.

 

[BackAgain]

If our constitution is always suffering from erroneous interpretation, what good is it?

Stupid ass question. But, in your case, that’s tautological.

 

[WEATHER53]

Not unless the SCOTUS decides to go against the Constitution

Fourteenth Amendment, Section 1:

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Based on the first sentence of Section 1, the Court has held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.1 The requirement that a person be subject to the jurisdiction thereof, however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,2 or children of members of Indian tribes subject to tribal laws.3 In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents.4 Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States

See you all never complete the entire story, only the section that benefits you. There is further elaboration after these paragraphs

 

[WEATHER53]

Who is saying that?

Not I.

There are well established treaties and protocols for being part of a diplomatic mission and having diplomatic immunity (I.e. not being under the jurisdiction of the host country.

WW

Deny your lie and see if it all comes true