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re: Birthright Decision Coming Out Today

Posted on 6/29/26 at 11:59 am to
Posted by lionward2014
New Orleans
Member since Jul 2015
14370 posts
Posted on 6/29/26 at 11:59 am to
quote:

It also would create a scenario where Congress can usurp the Constitution by defining classes of people to which the Constitution no longer applies.


I mean Thomas straight up called for that last week in his concurrence.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
480394 posts
Posted on 6/29/26 at 12:08 pm to
He's lost his way and is just political rage baiting at this point
Posted by rltiger
Metairie
Member since Oct 2004
2599 posts
Posted on 6/29/26 at 12:14 pm to
quote:

How can Congress define Constitutional baselines?
Look at how congress has imposed limitations to the Second Amendment……

They absolutely can redefine “Jurisdiction” and it’s interpretation in the 14th Amendment.

Posted by BigAL Golesh
Toomer's Corner
Member since Apr 2026
613 posts
Posted on 6/29/26 at 12:20 pm to
quote:

"declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is… a natural born citizen."
OLLY OLLY OXEN FREE! HERE I COME!!

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
480394 posts
Posted on 6/29/26 at 12:23 pm to
quote:

Look at how congress has imposed limitations to the Second Amendment……

They didn't redefine the 2A, they just said there are limits on the 2A...which is bullshite, mind you, but it's not the same thing conceptually.

From Heller

quote:

There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment’s right of free speech was not, see, e.g., United States v. Williams, 553 U. S. ___ (2008). Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose. Before turning to limitations upon the individual right, however, we must determine whether the prefatory clause of the Second Amendment comports with our interpretation of the operative clause.


Now, if Congress tried to find some authority to regulate behaviors the 14A purportedly protects and made the same argument? It would be similar, but it would face certain scrutiny that would be hard to survive. That's a completely different action/analysis, though.

To compare the attempt for Congress to redefine the constitutional baseline of the 2A, you'd have to see them define "militia" or "security" or "arms" with legislation, which would mean Heller could be reversed by Congress with this simple trick.
Posted by rltiger
Metairie
Member since Oct 2004
2599 posts
Posted on 6/29/26 at 12:45 pm to
They could make a viable argument that illegals immigrants are not here legally and aren’t afforded certain constitutional rights.

Supreme Court just ruled you can deport illegals without due process, a constitutional right for US citizens. I’m sure Congress could write an interpretation of the 14th to say illegals, or any foreign citizens traveling here to give birth aren’t guaranteed birthright citizenship.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
78856 posts
Posted on 6/29/26 at 12:49 pm to
quote:

Supreme Court just ruled you can deport illegals without due process

The legal determination that they are not here in accordance with our immigration law, and their subsequent deportation IS the process.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
480394 posts
Posted on 6/29/26 at 12:58 pm to
quote:

They could make a viable argument that illegals immigrants are not here legally and aren’t afforded certain constitutional rights.


Are they going to just ignore the US around the time of adopting the 14A when "illegal immigrants" effectively didn't exist as a concept?

Posted by geauxtigers
Biloxi Mississippi
Member since Nov 2003
2637 posts
Posted on 6/29/26 at 1:00 pm to
commie alert and a known **** AKA diclicker
This post was edited on 6/29/26 at 1:01 pm
Posted by Stealth Matrix
29°59'55.98"N 90°05'21.85"W
Member since Aug 2019
11875 posts
Posted on 6/29/26 at 1:13 pm to
quote:

I have entirely too much time sensitive work for this to happen today

Uh-huh. That's why you've been posting all day.
Posted by BugAC
St. George
Member since Oct 2007
58148 posts
Posted on 6/29/26 at 1:14 pm to
quote:

Now we could be surprised and see a 5-4 in support of Trump.


No way Roberts and Barrett don't vote with the marxists on this. Barrett is incapable of seeing logic and rationality when big emotions exist.
This post was edited on 6/29/26 at 1:15 pm
Posted by lionward2014
New Orleans
Member since Jul 2015
14370 posts
Posted on 6/29/26 at 1:18 pm to
quote:

Supreme Court just ruled you can deport illegals without due process, a constitutional right for US citizens.




Link?
Posted by Hoops
LA
Member since Jan 2013
8321 posts
Posted on 6/29/26 at 1:19 pm to
quote:

I mean I want birthright citizenship to end, but even I can understand how bad a retroactive component would go. How far back do you go? Do you make everyone in the U.S. prove their citizenship again?


You stop more infection from coming in then you send in the antibiotics to get the stragglers before they can reproduce more
Posted by stelly1025
Lafayette
Member since May 2012
10328 posts
Posted on 6/29/26 at 1:44 pm to
ACB and Roberts will frick us so I am not holding breath.
Posted by AubieinNC2009
Mountain NC
Member since Dec 2018
7360 posts
Posted on 6/29/26 at 1:56 pm to
I think they hold this one until Thursday
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
109120 posts
Posted on 6/29/26 at 2:01 pm to
quote:

rltiger



They can access the right to enter through the processes already afforded them. No need for taxpayer funds to go towards them staying here and gumming up the courts.
Posted by HagaDaga
Member since Oct 2020
8482 posts
Posted on 6/30/26 at 5:23 am to
Let's keep praying hard y'all.
Posted by RFK
Mar-a-Lago
Member since May 2012
3323 posts
Posted on 6/30/26 at 5:49 am to
You guys are foolishly optimistic.

The Supreme Court will almost certainly rule that Trump’s executive order unconstitutionally restricts 14th Amendment birthright citizenship, affirming longstanding precedent like Wong Kim Ark and blocking the policy.

Justices’ skeptical April 2026 oral arguments and near-universal lower-court rejections of the order make this a certainty IMO.

Posted by Jake88
Member since Apr 2005
80632 posts
Posted on 6/30/26 at 6:17 am to
quote:

ACB and Roberts will frick us so I am not holding breath.
What about Kavanaugh? I can't see this going the president's way. People are going to throw a fit when the outcome is obvious.
Posted by dafif
Member since Jan 2019
8573 posts
Posted on 6/30/26 at 6:48 am to
So... here is how messed up AI is.... I put into the windows search bar about the SCOTUS decision on birthright citizenship and this is what it wrote:

quote:

Copilot Search Branding

The Supreme Court reaffirmed that nearly all children born on U.S. soil are U.S. citizens at birth, consistent with the 14th Amendment and the precedent set in United States v. Wong Kim Ark.
Background
The case Trump v. Barbara challenged President Trump’s Executive Order 14160, which sought to end birthright citizenship for children born in the U.S. to parents who are undocumented or temporarily present

. The legal question centered on the 14th Amendment’s Citizenship Clause, which states: “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”

Key Precedent: Wong Kim Ark
The Supreme Court’s 1898 decision in United States v. Wong Kim Ark established that a child born in the U.S. to noncitizen parents who were domiciled in the country is a U.S. citizen at birth

. The Court interpreted the Citizenship Clause to incorporate the common-law principle of jus soli (citizenship by birth on U.S. soil), with narrow exceptions for children of foreign diplomats or hostile occupying forces

Arguments in Trump v. Barbara
Trump Administration: Argued that “subject to the jurisdiction thereof” requires the child to owe direct and immediate allegiance to the U.S., effectively excluding children of undocumented immigrants or temporary visa holders. They emphasized the concept of “domicile” as central to determining allegiance
.
Challengers: Maintained that the 14th Amendment grants citizenship to all children born in the U.S., regardless of parents’ immigration status, and that Wong Kim Ark supports this broad interpretation. They argued that domicile was a factual detail in Wong Kim Ark, not a legal requirement
.
Supreme Court Decision
The Court reaffirmed the principle that birth in the United States generally confers citizenship, consistent with the 14th Amendment and Wong Kim Ark

. The ruling clarified that the limited exceptions—children of foreign diplomats and hostile occupying forces—remain the only recognized exclusions. The Court did not adopt the Trump Administration’s narrower interpretation based on parental domicile or immigration status

Implications
Children born in the U.S. to undocumented immigrants or temporary visa holders are still U.S. citizens at birth
.
The decision preserves the longstanding legal understanding of birthright citizenship and limits the executive branch’s ability to redefine it unilaterally
.
Federal agencies, including USCIS, continue to apply the 14th Amendment broadly, with only the narrow exceptions recognized by the Court
.
Summary
The Supreme Court’s ruling in Trump v. Barbara upholds the century-old precedent of United States v. Wong Kim Ark, confirming that birthright citizenship applies to nearly all children born on U.S. soil. The decision emphasizes that the 14th Amendment’s Citizenship Clause is broadly inclusive, with only narrowly defined exceptions, and cannot be overridden by executive action


does ai know something we dont??????
This post was edited on 6/30/26 at 6:52 am
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