Trump thinks he can change the Constitution via EO

[Bootney Lee Farnsworth]

Following the “proper process” is always the better way to go, particularly when related to constitutional construct. We feel like noble constitutionalist when we say “follow the proper process” with regard to revisions and the constitution...BUT, here’s the thing, the U.S. Constitution was framed for Americans...Every word in the Constitution should ALWAYS be of benefit to good Americans either directly or indirectly....Nobody with a sane mind could say Americans benefit from Mexican anchor babies. With that said, I take the “BY ANY MEANS NECESSARY” approach to amending the 14th and I’d urge all good Americans do the same.

As long as it is done in the proper way, I am all in favor of getting it done.

As NightFox stated earlier (with perfection, I might add) because the issue is undecided, the EO process is proper until a Court actually makes a ruling on the constitutionality of anchor-baby citizenship. The proper decision is that text of the 14th Amendment, while overly broad and sloppily written, requires citizenship to anchor babies. Such a ruling would allow congress to amend the 14th Amendment.

And while we are at it, let's clarify the commerce clause, general welfare clause, add a balanced budget amendment, and an amendment to outlaw government ownership of the means of production.

I have many MANY more from Constitutional Law Professor Randy Barnett's Bill of Federalism.

Randy Barnett - Wikipedia

 

[BrokeLoser]

Trump plans to sign executive order ending birthright citizenship: Axios

More red meat for the masses. Even he is not stupid enough to think this will work.


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Libtardos are always claiming the Constitution is a living document that needs to change with the times. That's why they want libtardo judges so they can apply their "nuance".

Of course it only applies to the things they want changed. And they don't want the living document changed when it applies to their future voting base.

You are welcome to change the Constitution at any time....they are called Amendments. We already have 27 changes to it as of today.

Cool, thanks for the enlightenment. Now link us to all your posts showing you said that when the Kenyan King wrote DACA ‘around’ the constitution. We’re standing by.

 

[joaquinmiller]

The legal wiggle room occurs due to the "and subject to the jurisdiction thereof" phrase. It can be argued that the illegal alien has placed themselves out side of such jurisdiction by being in the country illegally. Hence, said births are also outside of said jurisdiction thus denying a legitimate claim to citizenship. The legal objective is to establish that offspring of illegal aliens have no legal standing to sue for citizenship.

How do you arrest someone who is "not subject to the jurisdiction thereof"?

 

[joaquinmiller]

Yet his predecessor ruled with the swipe of a pen, not one word then.

What does that have to do with Trump's hope to end birthright citizenship?

If you don’t see the correlation, I can’t help you.

The correct answer is, 'nothing, but I want to deflect'. Hope this helps.

 

[depotoo]

Actually, no. That is your faulty interpretation.

Yet his predecessor ruled with the swipe of a pen, not one word then.

What does that have to do with Trump's hope to end birthright citizenship?

If you don’t see the correlation, I can’t help you.

The correct answer is, 'nothing, but I want to deflect'. Hope this helps.

 

[Bootney Lee Farnsworth]

As it gets struck down as unConstitutional.

Which would be the correct decision.

Thankfully, we have more strict constructionists on the Court who will not make decisions based on their political agenda.

Aren't you glad Bush and Trump got to appoint these guys?



I hope you and others finally get the point on who we want on the court.

 

[Tumblin Tumbleweed]

Hopefully, the EO bullshit will stop forever after this.

Why would you think that?

 

[Toro]

Trump plans to sign executive order ending birthright citizenship: Axios

More red meat for the masses. Even he is not stupid enough to think this will work.


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He’s not that stupid.

It’s just an attempt to get the base out to vote.

 

[ZZ PUPPS]

The legal wiggle room occurs due to the "and subject to the jurisdiction thereof" phrase. It can be argued that the illegal alien has placed themselves out side of such jurisdiction by being in the country illegally. Hence, said births are also outside of said jurisdiction thus denying a legitimate claim to citizenship. The legal objective is to establish that offspring of illegal aliens have no legal standing to sue for citizenship.

How do you arrest someone who is "not subject to the jurisdiction thereof"?

Forcefully and with malice aforethought.

 

[skews13]

Trump can white out the Amendments he doesn't like: 13th, 14th, 16th and 17th

No he cant

 

[Avatar4321]

I don’t think he can legally do this. We would need a constitutional amendment.

 

[Flash]

I hope he can do it but I think Congress needs to get off its fat ass and make it happen.

Congress can't make it happen either.

Oh I know the Supreme Court would have the final say on it but I thought it would take Congress to present it to them.

Pretty cut and dry for the courts. They will side with Trump. The 14th Amendment says that the person born in the US is a citizen only if they are under the jurisdiction of the US. Illegals by definition don't fit that requirement.

God bless Trump for doing the right thing.

 

[bendog]

Trump plans to sign executive order ending birthright citizenship: Axios

More red meat for the masses. Even he is not stupid enough to think this will work.


Sent from my iPhone using USMessageBoard.com

I know. That totally cracked me up!

Anything the Bloated Carnival Barker says or tweets can only be taken for entertainment value, either for the effect is has on his faithful (broke loser for example) or the outrage it sparks.

In two years the score is McConnell up two in tax cuts and up two in Justices. And healthcare is even more a mess.

Trump has pretty much torn up any alliances we had with Western Europe, and he's renogitiated Nafta with little change.

 

[Toro]

It’s a calculated move to open the debate.The 14th ammendment is for slaves.

`
Perhaps you should read up on the 14th Amendment and birthright citizenship. It can be changed only by congressionnal amendment, a national constitutional convention or an amendment that can be ratified by a favorable vote in three-fourths of all state legislatures or by such a vote in specially called ratifying conventions called in three-fourths of the states. An executive order doesn't cut it.

Nothing more than an opinion. This has never been argued in the federal courts to this point.

What part of

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.​

Is unclear?

 

[MindWars]

One of the most egregious policies that the DemonRATS have forced Americans to pay for....You can bet the house the DemonRATS and subversive media will be taking that to court and screaming like little bitches!!!! THIS will be the time when JUSTICE KAVANAUGH will shine like the brilliant jurist he is!!!

FULL TITLE: Trump to revoke birthright citizenship: President slams 'ridiculous' right of children born to illegal immigrants and vows to end it with executive order

Donald Trump plans to revoke the automatic citizenship rights of children born in the U.S. to illegal immigrants and other non-citizens.

In an interview with Axios, the president said he wants to sign an executive order ending the practice of giving citizenship to those who conservatives have long termed 'anchor babies.'

Trump, who has long been critical of the practice, said: 'We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States... with all of those benefits. It's ridiculous. It's ridiculous. And it has to end.'

The 14th Amendment of the Constitution, written in 1868, states: '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.'

Trump insists he can change the way the Amendment is interpreted by the federal government, without amending the Constitution itself, and can do it through an executive order.

Several Republicans running for president in 2016, including Trump and former Florida Gov. Jeb Bush, argued at the time that the phrase 'subject to the jurisdiction' refers only to people with a legal right to be in the country.

In a preview of an HBO documentary scheduled to air on Sunday, Trump reveals that 'it was always told to me that you needed a constitutional amendment. Guess what? You don't.'

Read more at dailymail.co.uk ...

Oh man if he did this it would be amazing, because other Countries do not do this , Just because someone has a baby it shouldn't make them an automatic citizen.

The Chinese are over poweringly doing that here right now another method of infiltrate from with in.

 

[joaquinmiller]

The legal wiggle room occurs due to the "and subject to the jurisdiction thereof" phrase. It can be argued that the illegal alien has placed themselves out side of such jurisdiction by being in the country illegally. Hence, said births are also outside of said jurisdiction thus denying a legitimate claim to citizenship. The legal objective is to establish that offspring of illegal aliens have no legal standing to sue for citizenship.

How do you arrest someone who is "not subject to the jurisdiction thereof"?

Forcefully and with malice aforethought.

Great answer! Says jackshit, but what the hell.

Words actually do have meaning - the authority having "jurisdiction" can't arrest someone who isn't subject to that jurisdiction.

 

[ColonelAngus]

It’s a calculated move to open the debate.

The 14th ammendment is for slaves.

No it isn't. It's for all of us.

Who is "US"?

 

[Claudette]

I hope he can do it but I think Congress needs to get off its fat ass and make it happen.

Congress can't make it happen either.

Oh I know the Supreme Court would have the final say on it but I thought it would take Congress to present it to them.

Pretty cut and dry for the courts. They will side with Trump. The 14th Amendment says that the person born in the US is a citizen only if they are under the jurisdiction of the US. Illegals by definition don't fit that requirement.

God bless Trump for doing the right thing.

I hope he is successful and saves we the tax payer billions and gets the illegals out of America.

 

[martybegan]

It’s a calculated move to open the debate.The 14th ammendment is for slaves.

`
Perhaps you should read up on the 14th Amendment and birthright citizenship. It can be changed only by congressionnal amendment, a national constitutional convention or an amendment that can be ratified by a favorable vote in three-fourths of all state legislatures or by such a vote in specially called ratifying conventions called in three-fourths of the states. An executive order doesn't cut it.

Nothing more than an opinion. This has never been argued in the federal courts to this point.

What part of

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.​

Is unclear?

The "subject to the jurisdiction thereof" part.

Has that ever adequately been explained via federal courts?

If a person who is a citizen of another country, and thus is subject to the jurisdiction of said country, has a child, might that countries laws make that child a citizen, and thus subject to another jurisdiction?

 

[JWBooth]

Kind of funny the reverence that the left/progs/dimocraps suddenly have for the constitution when the other guys are sitting in the big chair in the White House.