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re: The 14th Amendment needs to be read by courts in context (re: birthright citizenship)

Posted on 8/29/19 at 5:22 pm to
Posted by GumboPot
Member since Mar 2009
119029 posts
Posted on 8/29/19 at 5:22 pm to
quote:

The 14th Amendment needs to be read by courts in context (re: birthright citizenship)


quote:

The drafters of the 14th Amendment in no way intended for it to mean for anchor babies and citizenship because you happen to be born on US soil, despite the fact the child and the parents have no ties to the US.


The courts have never had the chance to make this interpretation. This interpretation began in earnest through the executive branch. IIRC it was the Nixon State Department that started birth right citizenship and has continued through subsequent administrations. Before that it was a non-issue.

The interpenetration can be changed by any president.

Then it can be properly challenged if someone feels harmed.

ETA: SCOTUS did hear a case where the parents were LEGAL immigrants. Offspring of ILLEGAL immigrants has never been heard.
This post was edited on 8/29/19 at 5:25 pm
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