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re: Is President Trump still intent on keeping his promise of ending birthright citizenship?

Posted on 6/22/17 at 6:58 am to
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67524 posts
Posted on 6/22/17 at 6:58 am to
quote:

That sounds awfully a lot like judicial activism

Explain.....I'm not following
quote:

Has this ever been brought up to the Supreme Court before?

No
Posted by Scruffy
Kansas City
Member since Jul 2011
72360 posts
Posted on 6/22/17 at 7:00 am to
Word of the law vs intent

Based on the word of the law, anyone born in the USA should be a citizen.

Intent determinations require a subjective stances. Unless there is information out there which explicitly states the purpose, I don't like the use of subjective determinations and find them problematic.
This post was edited on 6/22/17 at 7:02 am
Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
31037 posts
Posted on 6/22/17 at 7:03 am to
quote:

That sounds awfully a lot like judicial activism

Explain.....I'm not following


Here's what was originally said:

quote:

It has been misapplied by leftist USC justices since then to included those it was never written for


The problem is that the wording doesn't allow for "misapplication". We can believe it should not have been all-encompassing, but the simple fact of the matter is that it was written with a very specific text. To change that, it would require a ratification of change to the 14th Amendment. Anything other than that is judicial activism.
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