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re: Trump is cool with young illegals, new tax cut proposal "coming soon", likes Merkel

Posted on 4/22/17 at 5:29 am to
Posted by AlaTiger
America
Member since Aug 2006
21130 posts
Posted on 4/22/17 at 5:29 am to
Birthright Citizenship has been settled Constitutional law since the late 1800s with 9-0 SCOTUS decisions. You have your opinion, but you have a lot of work to do to make it any more than that.
Posted by DawgsLife
Member since Jun 2013
59015 posts
Posted on 4/22/17 at 5:37 am to
quote:

Birthright Citizenship has been settled Constitutional law since the late 1800s with 9-0 SCOTUS decisions. You have your opinion, but you have a lot of work to do to make it any more than that.


Again, in the 1800's we did not have a problem with people coming here having babies then wanting to stay. That is a newer occurrence. Yes, the overall law may have been around, but the original purpose of the law was not to allow illegals to stay in the country. If you care to look up the actual cases, I think you will find that to be the case.
Posted by tigerbaitlawyer
Member since Jun 2016
1733 posts
Posted on 4/22/17 at 9:52 am to
They ruled like that because the issue was over freed slaves and there citizenship. The case you are referring to is one of the first cases after the passage of the 14th amendment. The 14th amendment is the teeth of the 13th amendment.

The purpose of the 14th amendment was to ensure freed slaves were considered citizens because although they were free many states--not just confederate states-- did not consider them citizens. This ensured they received equal protection under the law by proclaiming the freed slaves were citizens because they were born here. An argument is that slaves were here legally because slavery and the slave trade were legal at that time.

The fourteenth amendment was never suppose to be about tourist and illegals having kids in America for the expressed reason to remain in the country because of the cold. The drafters, which included only states not in rebellion, of this amendment were only concerned with preventing the South from kicking out former slaves.

This is the problem with the living breathing document people, original intent is important. The living doc people use this as an excuse to avoid the amendment process. They Manipulate the constitutional text to fit their agenda.


The 14th amendment is vaguely written. This why gaY marriage was allowed. The Original intent of the 14th amendment was never about gay marriage. I'm pro gay marriage but it should not have been decided by the court, rather by congress or amendment.

The reasoning behind the Hodges's case is so bad that is opens the door for other groups claiming protected class to claim the same thing. Such as Poligimist, nambla, farm animal lovers, etc to claim equal protection for the same reason. People will say that is crazy, actually it's not because 50 years ago people never would have thought gay marriage as even plausible.

A congressional law or amendment is the proper way to ensure desired results. Now only an amendment can prevent poligamy and etc from using the same SOCTUS reasoning to get their agenda passed. Historically the Supreme Court rarely over turns it's previous decisions.
This post was edited on 4/22/17 at 10:10 am
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