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Justice Gray concluded that:
[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.
And why not pass a Constitutional Amendment in a States Constitutional Article V Convention anyway? There are plenty more corrections we can make while we have the hood up.
And there is the rub.
You and many others would be very, very willing to make other 'corrections' to the Constitution- and I doubt you would like the 'corrections' I would make- and i doubt I would like all of the corrections you would make.
Could you find consensus and write a Constitution as amazing as our original Constitution?
Hell we can't even get an immigration bill passed- there is no 'consensus' on how to fix our immigration issue(s).
Well go hide and cry in a corner because we are going to get an Article V Convention, because our legal schools are so fucked up they cannot teach jurists to actually read cases like US v Wong Kim Ark.
You seriously need to read that article in the constitution completely.
Here it is:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Do you know how many times there's been a constitutional convention in America? ONCE. Do you know when it happened? When the constitution was originally written.
Do you know how many times article V has actually been used?
ZERO.
There have been many attempts.
Good luck with that.
Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Still too much of a pussy to respond to my posts? You know, the one where I post the actual words from Wong Kim Ark that prove you to be full of shit? Plyler did not decide the issue of birthright citizenship, you are correct about that. What it did do, as did Rios-Pineda, is note that there was no dispute that a person born in the US, regardless of the status of their parents, is a US citizen. Wouldn't be easier for you to simply argue that Wong Kim Ark was wrongly decided and should be revisited in light of modern developments that to continue to make claims that are wholly not true about it? Or to argue for amending the constitution? You are wrong. You cannot cite to a single case at any level of the Federal Courts where a Judge has not held that being born here makes one a citizen. You cannot dispute that fact that there are millions of American citizens who were born here to parents not here legally. You really are making an ass of yourself.Plyler v Doyle ruling states illegals have due process rights, but does not give birthright citizenship to anyone.Citizenship by birth has two relevant sources in Constitutional Law.
1. Section 1 of the Fourteenth Amendment to the United States Constitution provides that "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."
2. In the case of United States v. Wong Kim Ark, 169 U.S.649 (1898), the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th Amendment, if that person:
- Is born in the United States
- Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
- Has parents that have permanent domicile and residence in the United States
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment,[8] but it has generally been assumed that they are.[9]
- Has parents that are in the United States for business
The common law cited by the court granted birthright citizenship to any child, even born to two aliens, based merely on the location of birth.
The only time circumstances come into play is in the case of diplomats, invading armies, etc, where the parents weren't subject to US law. Illegals clearly are subject to US law (lest we couldn't deport them). Making this an uphill battle.
The overwhelming legal consensus on this issue is that Trump's argument is fucked.
These people are stupid.
Of course they fall under our jurisdiction. If they didn't they wouldn't be here illegally. If our laws don't apply to them then they aren't illegal.
If our laws don't apply to them then why are some of them prosecuted and put in prison when they are found to be committing a felony?
These people are just grasping at anything. They know that there's absolutely no way that they're going to amend the constitution so they're coming up with excuses to violate it and circumvent it.
It's just a bunch of garbage. Another way to distract the stupid people from the real issues we face today.
It's much more important to fix our schools, infrastructure and income inequality.
If these people were actually serious about the problem then they would be proposing solutions that can actually happen and make a difference.
They come here for jobs. Take away their ability to get a job and they won't come. The way to do that is to make hiring one a felony, give the government the ability to financially destroy the business then put all owners, ceos, executives and managers in prison. It will take that happening to only one business and no other business will ever hire an undocumented worker.
It's a solution that is possible. It won't cost billions of dollars, no one has to amend the constitution and it will actually succeed.
US v Wong Kim Ark states that the parents of the child need to have legal domicile and be here with the US governments permission. This was added to the jurisdictional condition in paragraph 96 and 118.
Your interpretation of the phrase 'under the jurisdiction of the United States' includes everyone thus making it a meaningless qualifier and a type of tautology. And no one that wrote the 14th Amendment intended for anything of the kind as granting illegals birthright citizenship and the SCOTUS in Wong gave a long list of those unqualified in paragraph 93.
Stop supporting the Open Borders Big Lie.
Justice Gray concluded that:
[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.
And why not pass a Constitutional Amendment in a States Constitutional Article V Convention anyway? There are plenty more corrections we can make while we have the hood up.
And there is the rub.
You and many others would be very, very willing to make other 'corrections' to the Constitution- and I doubt you would like the 'corrections' I would make- and i doubt I would like all of the corrections you would make.
Could you find consensus and write a Constitution as amazing as our original Constitution?
Hell we can't even get an immigration bill passed- there is no 'consensus' on how to fix our immigration issue(s).
Well go hide and cry in a corner because we are going to get an Article V Convention, because our legal schools are so fucked up they cannot teach jurists to actually read cases like US v Wong Kim Ark.
You seriously need to read that article in the constitution completely.
Here it is:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Do you know how many times there's been a constitutional convention in America? ONCE. Do you know when it happened? When the constitution was originally written.
Do you know how many times article V has actually been used?
ZERO.
There have been many attempts.
Good luck with that.
And idiots like you are making an Article V convention unavoidable because you kiss corporate ass so much and give them every damned thing they want in their campaign to destroy the American middle class.
Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
If it is discovered a 35 year old man or woman was born, raised, educated and working in America to two illegal immigrants 35 years ago, are we going to deport them? Is there a statute of limitations? What if they are honorably discharged from the military, do we deport them also? Has anyone thought out this Trump fantasy immigration fix?
Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country and your an asshole.
If it is discovered a 35 year old man or woman was born, raised, educated and working in America to two illegal immigrants 35 years ago, are we going to deport them? Is there a statute of limitations? What if they are honorably discharged from the military, do we deport them also? Has anyone thought out this Trump fantasy immigration fix?
Where will they be deported to?
No nation will accept them. They aren't citizens of any other nation.
They have birth certificates from America which makes them American citizens just like everyone else.
These people don't think things through.
They don't really want to solve the problem. If they did then they would investigate and execute a solution that will work.
Most of the people coming here come for a job. If no one will hire them they will stop coming.
Right now all employers face is a fine. That's it. And the fines aren't very high. If the law was changed to make it a felony to hire an undocumented worker, if the business was bankrupted and the owners, ceos, executives and mangers went to prison for a long time no business would hire an undocumented worker.
That solution is possible with one hitch. The congress has to pass the law and the president needs to sign it. Congress has the power right now today and solve this problem. However we all know that's not going to happen. Politicians want the issue to whine about. They don't actually want to solve the problem. They want to talk about and whine about it only.
The solution I suggested above is an actual solution that will help to solve the problem. It won't take years or amending the constitution and it won't cost billions of dollars.
First of all dumbass, I did not use the word racist. I used the word bigoted. There is a difference, you know. When are you going to quit being such a pussy and try to address the numerous passages from Wong Kim Ark I posted that prove you wrong?Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country and your an asshole.
Another libtard leaps to accuse people of racism when Hispanic isn't even a race, lol.
Top end estimates are the we have over 30 million illegals in the US.
You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.
Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country and your an asshole.
Another libtard leaps to accuse people of racism when Hispanic isn't even a race, lol.
Top end estimates are the we have over 30 million illegals in the US.
First of all dumbass, I did not use the word racist. I used the word bigoted. There is a difference, you know. When are you going to quit being such a pussy and try to address the numerous passages from Wong Kim Ark I posted that prove you wrong?
More shit you copied without understanding what you copied.A constitutional scholar agrees that birthright citizenship for illegals is not in the Constitution.
Birthright Citizenship Is Not Actually in the Constitution - NYTimes.com
"And Senator Jacob Howard, who introduced the language of the clause on the floor of the Senate, contended that it should be interpreted in the same way as the requirement of the 1866 Civil Rights Act, which afforded citizenship to “all persons born in the United States and not subject to any foreign power.”
The Supreme Court has never held otherwise. Some advocates for illegal immigrants point to the 1898 case of United States v. Wong Kim Ark, but that case merely held that a child born on U.S. soil to parents who were lawful, permanent (legally, "domiciled") residents was a citizen.
The broader language in the case suggesting that birth on U.S. soil is alone sufficient (thereby rendering the “subject to the jurisdiction" clause meaningless) is only dicta — not binding. The court did not specifically consider whether those born to parents who were in the United States unlawfully were automatically citizens. "
So shove that up where the sun don't shine, libtards
They didn't freely cross any country, dumbass, they were born here. Some have never been to the nation of their parents.If it is discovered a 35 year old man or woman was born, raised, educated and working in America to two illegal immigrants 35 years ago, are we going to deport them? Is there a statute of limitations? What if they are honorably discharged from the military, do we deport them also? Has anyone thought out this Trump fantasy immigration fix?
Where will they be deported to?
No nation will accept them. They aren't citizens of any other nation.
They have birth certificates from America which makes them American citizens just like everyone else.
These people don't think things through.
They don't really want to solve the problem. If they did then they would investigate and execute a solution that will work.
Most of the people coming here come for a job. If no one will hire them they will stop coming.
Right now all employers face is a fine. That's it. And the fines aren't very high. If the law was changed to make it a felony to hire an undocumented worker, if the business was bankrupted and the owners, ceos, executives and mangers went to prison for a long time no business would hire an undocumented worker.
That solution is possible with one hitch. The congress has to pass the law and the president needs to sign it. Congress has the power right now today and solve this problem. However we all know that's not going to happen. Politicians want the issue to whine about. They don't actually want to solve the problem. They want to talk about and whine about it only.
The solution I suggested above is an actual solution that will help to solve the problem. It won't take years or amending the constitution and it won't cost billions of dollars.
Send them back to the country they entered ours from. The Mexican government cannot let these people freely cross their country to enter the US and not be held responsible.
You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.
You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.
Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country and your an asshole.
Another libtard leaps to accuse people of racism when Hispanic isn't even a race, lol.
Top end estimates are the we have over 30 million illegals in the US.
First of all dumbass, I did not use the word racist. I used the word bigoted. There is a difference, you know. When are you going to quit being such a pussy and try to address the numerous passages from Wong Kim Ark I posted that prove you wrong?
Bigot or racist same thing idiot.
When are you going to quit being an idiot and realize its all pretty damned obvious if yu take the time to look.
It is pretty obvious that you are a bigot. All you have to do is "look" and you an tell who is a citizen and who is not. Tell us, what do you "see" that allows you to differentiate between the Illegal alien and the legal one? If there are two Hispanics there, one a citizen born here and one who crossed over illegally five years ago, how can you tell which is which?Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country and your an asshole.
Another libtard leaps to accuse people of racism when Hispanic isn't even a race, lol.
Top end estimates are the we have over 30 million illegals in the US.
First of all dumbass, I did not use the word racist. I used the word bigoted. There is a difference, you know. When are you going to quit being such a pussy and try to address the numerous passages from Wong Kim Ark I posted that prove you wrong?
Bigot or racist same thing idiot.
When are you going to quit being an idiot and realize its all pretty damned obvious if yu take the time to look.
You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.
Oh yes I do. 77% in one article and 62% in another want illegals deported.
That looks like a vast majority to me.
Take you're bigot bullshit and shove it up your smarmy ass.
Smarmy? You might want to look the definition of that word before using it. And there are no polls that state that even half of those polled favor deportation over a path to permanent residency.You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.You do not speak for a "vast majority" of Americans. The vast majority favor letting those among the 11 million who have not engaged in crime, which would be most of them, stay and either become citizens or earn the right to be permanent residents. I played the bigot card because you are the one who claimed that all you had to do was go the the welfare office or an emergency room to see the illegals getting benefits but have yet to explain how you can tell, by looking, that a person is illegal. Go ahead, Give it a try.Gutless prick. You cannot answer that because there is no answer that will not reveal you to be the racist asshole you are. You see hispanic features or hear the Spanish language and your tiny, bigoted brain screams "illegal."Google is your friend. Look it up yourself idiot.
Gutless prick my ass. Oh and the racist card because I want illegals out of America along with a vast majority of Americans. Shows what an idiot you truly are.
If you need proof then look it up yourself. Anyone with a brain knows we have over eleven million illegals in our country. If you can't handle the truth then to fucking bad.
Oh yes I do. 77% in one article and 62% in another want illegals deported.
That looks like a vast majority to me.
Take you're bigot bullshit and shove it up your smarmy ass.
Two countries allow automatic citizenship ONLY: US and Canada.
Phony colorful graphs with fancy semantics = ghey.
Progressives always pull this fuckery with the Constitution
