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Posted on 2/2/26 at 10:57 am to JimEverett
quote:
Maybe this would make it clearer, but the real issue will always be the language of the 14th. Congress (nor the President) obviously cannot override the Constitution.
This is always the flaw in the "illegal status" arguments. That designation was a creation of Congress (decades later), not the Constitution.
Congress has the authority to add more persons, classes of persons as citizens OR paths to citizenship, but it can't deviate below the Constitutional baseline.
Your closest argument would be something like the felon in possession laws (where Congress did limit a right via statute to a class of persons, post hoc), but going through a similar textual-historical analysis of Bruen for citizenship will find vastly different support in the record.
And people mis-quite Wong Kim Ark and use terms like "illegal" or "legal" when it was specifically about domicile. So if you want to ignore all the dicta specifically defining what "subject to the jurisdiction" meant at the time, that narrow reading would only apply to the birth tourism/transient births, and not the vast majority of births to illegals, who are domiciled in the United States
This post was edited on 2/2/26 at 11:02 am
Posted on 2/2/26 at 11:03 am to SlowFlowPro
quote:
This is always the flaw in the "illegal status" arguments. That designation was a creation of Congress (decades later), not the Constitution.
Congress has the authority to add more persons, classes of persons as citizens OR paths to citizenship, but it can't deviate below the Constitutional baseline.
They can if SCOTUS rules in favor of the administration. In which this legislation would just be codifying Trump's EOs into law.
Posted on 2/2/26 at 11:14 am to lionward2014
quote:
There was no concept of illegal immigration in the US until 1875, so the author couldn't possibly have thought it applied to a concept that didn't exist at the time.
His language is about people not subject to another foreign power, aka citizens of another country
On top of that Wong Kim Ark's parents were in the US legally.
Posted on 2/2/26 at 11:33 am to Fun Bunch
The Court spends a lot of time talking about what exactly “jurisdiction” means and it mostly falls on being in or out of the country.
we had laws that required aliens to have lived “within the jurisdiction of the United States” for a certain number of years before becoming naturalized.
And in the reverse we made laws that granted citizenship to children of citizens living “outside the jurisdiction of the United States”
The distinctions they made were children of foreign diplomats and children of occupying hostile forces.
Most of the old english law the cite states that if you’re living in England you’re subject to the kings authority and jurisdiction.
we had laws that required aliens to have lived “within the jurisdiction of the United States” for a certain number of years before becoming naturalized.
And in the reverse we made laws that granted citizenship to children of citizens living “outside the jurisdiction of the United States”
The distinctions they made were children of foreign diplomats and children of occupying hostile forces.
Most of the old english law the cite states that if you’re living in England you’re subject to the kings authority and jurisdiction.
Posted on 2/2/26 at 11:40 am to Fun Bunch
quote:
His language is about people not subject to another foreign power, aka citizens of another country
That fails on it's face as we allow dual citizenship. So the children of dual citizens are no longer natural born citizens in the US?
quote:
On top of that Wong Kim Ark's parents were in the US legally.
As SFP pointed out the word "illegal" "unauthorized" "unlawful" or any other synonym is ever used in the decision.
This post was edited on 2/2/26 at 11:42 am
Posted on 2/2/26 at 11:51 am to roadGator
Need to pass a law not allowing kids born from at least one American citizen acquire citizenship and go back a take away all those that were given citizenship.
That alone would make trumps presidency the greatest of all time.
All these H1Bs coming here legally and having kids is also a huge problem not only illegals.
That alone would make trumps presidency the greatest of all time.
All these H1Bs coming here legally and having kids is also a huge problem not only illegals.
Posted on 2/2/26 at 11:55 am to TenWheelsForJesus
quote:Where is Mike Johnson's bill? Oh wait. "MAGA Mike Johnson" doesn't have the stones to even introduce one. What a HERO!
Until then, his track record doesn't leave much hope. Another failed bill just isn't as impressive to me as it is to his supporters.
Posted on 2/2/26 at 11:57 am to roadGator
quote:There's never been a shortage of unrealistic hypotheticals used by the TWS crowd to impeach an idea.
Massie is going to vote no on the bill he co-sponsored?
I can't believe we've made it this far in the thread without anyone from SEAL Team Trump mentioing Ron Desantis or Jewish donations.
Posted on 2/2/26 at 12:05 pm to Taxing Authority
quote:
I can't believe we've made it this far in the thread without anyone from SEAL Team Trump mentioing Ron Desantis or Jewish donations.
Gotta be a record. They repeat the same false talking points over and over.
Nice to see an actual law being proposed instead of executive orders that will be quickly undone down the road.
Posted on 2/2/26 at 12:38 pm to SammyTiger
quote:
Most of the old english law the cite states that if you’re living in England you’re subject to the kings authority and jurisdiction.
You might find the dissent in Wong Kim Ark interesting.
Posted on 2/2/26 at 1:02 pm to paulb52
quote:Children who are born from parents where at least one is a US citizen should be the only people allowed to be citizens.
The way it was intended. Children born of illegals should not be US citizens.
This post was edited on 2/7/26 at 1:27 pm
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