Started By
Message
locked post

Are illegal children “subject to the jurisdiction thereof”

Posted on 10/31/18 at 7:12 am
Posted by Federal Tiger
Connecticut
Member since Dec 2007
8024 posts
Posted on 10/31/18 at 7:12 am
quote:

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.


Seems to me like progs like to stop reading bc they’re naturally lazy and criminal. The conjunction “and” is a very important part of the amendment.

Illegal children are clearly not subject to the jurisdiction of our country. Convince me otherwise.
This post was edited on 10/31/18 at 7:20 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467600 posts
Posted on 10/31/18 at 7:15 am to
quote:

Are illegals “subject to the jurisdiction thereof”

i don't think you'd like the end results if they weren't
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138168 posts
Posted on 10/31/18 at 7:19 am to
I'm wondering about that clause. I assume they're subject to the jurisdiction thereof because they're actually in the US when they give birth despite the fact that they're here illegally, right?
Posted by More&Les
Member since Nov 2012
14684 posts
Posted on 10/31/18 at 7:20 am to
quote:

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.


Why the selective paste, why not include the part that specifically EXCLUDES "foreigners" and "aliens"?
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
56127 posts
Posted on 10/31/18 at 7:20 am to
quote:

Are illegals “subject to the jurisdiction thereof”


That, being born of legal citizens, was the intent of the law when written according to some but then it was interpreted differently by others that came along later. Trump is reinterpreting the interpretation.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467600 posts
Posted on 10/31/18 at 7:22 am to
quote:

I assume they're subject to the jurisdiction thereof because they're actually in the US when they give birth despite the fact that they're here illegally, right?

yes

if they weren't subject to our jurisdiction, then we couldn't do shite to them while they were here

think lethal weapon 2

Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138168 posts
Posted on 10/31/18 at 7:24 am to
So Trump doesn't really have a leg to stand on here, right?
Posted by Federal Tiger
Connecticut
Member since Dec 2007
8024 posts
Posted on 10/31/18 at 7:24 am to
That’s the entirety of section 1 of the amendment. Not sure what you’re talking about.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135773 posts
Posted on 10/31/18 at 7:24 am to
quote:

Are illegal children “subject to the jurisdiction thereof”
If they were “subject to the jurisdiction thereof”, they'd never be here in the first place. That is what makes them . . . . . illegal
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 7:25 am to
quote:

Illegal children are clearly not subject to the jurisdiction of our country. Convince me otherwise.


What do we do when a child of an illegal immigrant robs a gas station or breaks a traffic law? Do we not send them to jail or issue them a ticket?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467600 posts
Posted on 10/31/18 at 7:25 am to
No. wouldn't shock me if this was 9-0
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467600 posts
Posted on 10/31/18 at 7:26 am to
quote:

What do we do when a child of an illegal immigrant robs a gas station or breaks a traffic law? Do we not send them to jail or issue them a ticket?

exactly. see my first comment in this thread
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 10/31/18 at 7:27 am to
quote:

think lethal weapon 2




Trump thinks he is Danny Glover, I guess.

Posted by Gaspergou202
Metairie, LA
Member since Jun 2016
14301 posts
Posted on 10/31/18 at 7:30 am to
Not according to SCOTUS precedent.
Elk v. Wilkins, (1884), when the Court held that a Native person born a citizen of a recognized tribal nation was not born an American citizen and did not become one simply by voluntarily leaving his tribe and settling among whites. The syllabus of the decision explained that a Native person "who has not been naturalized, or taxed, or recognized as a citizen either by the United States or by the state, is not a citizen of the United States within the meaning of the first section of the Fourteenth Article of Amendment of the Constitution."

So if an Indian who’s ancestors had been born within the borders of the USA for ten thousand years was a foreign national. An illegal invader’s child doesn’t have a shot.

Now we all know libtards love them some Roe precedent, but I wonder how they like the taste of Elk?
Posted by Wednesday
Member since Aug 2017
16995 posts
Posted on 10/31/18 at 7:30 am to
The word “and” btwn born and “subject to the jurisdiction” is the most important word in the clause.

Every leftist stops at “born.” In most cases leftists add things to the amendment that aren’t there. In this case they subtract.
Posted by IT_Dawg
Georgia
Member since Oct 2012
26350 posts
Posted on 10/31/18 at 7:40 am to
quote:

Why the selective paste, why not include the part that specifically EXCLUDES "foreigners" and "aliens"?


Because that language is not in the Amendment. It’s just what the guy who wrote the amendment stated 2 years before it was ratified. The problem is that the way it is written seems to include anyone born in the US has a right to citizenship. Unfortunately, with the way it’s written and will be interpreted, Trump’s EO will not hold up....unless he does something crazy in regards to “time of war” and not letting foreigners birth here during that time, but still probably gets shot down by SCOTUS.

The best thing we can do is try to have congress define the law, wait for someone to then sue based on that law, then it miiiiight have a shot at getting through SCOTUS.

Obviously something needs to be done, just going to take a much much bigger effort than an EO.

The irony on both sides, is that the left wants to “adjust” the 2A, but doesn’t want to budge on this and we don’t want to doing anything to the 2A, but want to adjust 14A, section 1.

This post was edited on 10/31/18 at 7:42 am
Posted by biscuitsngravy
Tejas, north America
Member since Jan 2011
3780 posts
Posted on 10/31/18 at 7:53 am to
wong kim arc v united states supreme was the supreme court decision that first stated children born of immigrants in the us are subject to the jurisdiction of, and are, citizens. it's been the law of the land ever since. that question really seems to boil down to if the immigrants are legally domiciled versus illegally domiciled though.. the losing side of wong kim argued about the implications of birthright citizenship. the definition seems to have expanded from legally domiciled immigrants to anyone that happens to be in the us.

maybe an EO can speak to children of illegally domiciled immigrants and directing government agencies not to act on those.. obviously ultimately a congress decision / supreme court argument.





Posted by Wednesday
Member since Aug 2017
16995 posts
Posted on 10/31/18 at 8:06 am to
quote:

What do we do when a child of an illegal immigrant robs a gas station or breaks a traffic law? Do we not send them to jail or issue them a ticket?


We should deport their arse. And once the federal authorities are ordered to - they can and will.
This post was edited on 10/31/18 at 8:08 am
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 10/31/18 at 8:08 am to
quote:

if they weren't subject to our jurisdiction, then we couldn't do shite to them while they were here



You're always subject to your local jurisdiction. In japan or afghanistan.

Jurisdiction THEREOF is different
Posted by SleauxPlay
Here and there
Member since Oct 2005
3432 posts
Posted on 10/31/18 at 8:09 am to
quote:

The irony on both sides, is that the left wants to “adjust” the 2A, but doesn’t want to budge on this and we don’t want to doing anything to the 2A, but want to adjust 14A, section 1.


This cannot be emphasized enough, but it won't go over well here.
first pageprev pagePage 1 of 7Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram