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re: Executive Order expected to end birthright citizenship for illegal immigrants
Posted on 1/21/25 at 11:16 am to SlowFlowPro
Posted on 1/21/25 at 11:16 am to SlowFlowPro
when have these judges ruled on a case of birthright citizenship? based on their willingness to reverse Roe, I don't see your point. Unless I missed a ruling they handed down saying being born here is enough.
Dobbs reversed Roe and planned parenthood. I don't think recent "strengthening" matters to them.
Dobbs reversed Roe and planned parenthood. I don't think recent "strengthening" matters to them.
This post was edited on 1/21/25 at 11:18 am
Posted on 1/21/25 at 11:50 am to SlowFlowPro
quote:
Prosecuted by the State of Georgia, proving he was subject to the jurisdiction of the US
You're willfully ignoring the fact that their simple presence is a crime. They're invaders. Some hostile, some not, but all invaders.
Posted on 1/21/25 at 11:52 am to shinerfan
quote:
You're willfully ignoring the fact that their simple presence is a crime.
I am not
It's just not relevant to the conversation being had
quote:
They're invaders. Some hostile, some not, but all invaders.
You can use these words, but they don't fall under the court's definition/use, which, again, is our discussion
Posted on 1/21/25 at 12:02 pm to extremetigerfanatic
quote:
based on their willingness to reverse Roe, I don't see your point.
Roe was reversed because it inferred rights that we're not explicitly written in the constitution. In this case you're asking for a definition change to text written. The circumstances are totally different and philosophically misaligned.
Posted on 1/21/25 at 12:06 pm to oklahogjr
quote:
oklahogjr
Was wondering when you come and cry today. Don't worry... only 4 more years 'till Trump is gone
Posted on 1/21/25 at 12:10 pm to Gifman
quote:
Was wondering when you come and cry today. Don't worry... only 4 more years 'till Trump is gone
Do you often spend your time thinking of me? I appreciate your thoughts and concerns but I'm doing fine here.
Posted on 1/21/25 at 12:21 pm to extremetigerfanatic
quote:To be clear, Roe v. Wade always had a questionable underlying legal rationale. Specifically, the Court held that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right. The decision lacked explicit constitutional backing for a right to abortion.
when have these judges ruled on a case of birthright citizenship? based on their willingness to reverse Roe, I don't see your point. Unless I missed a ruling they handed down saying being born here is enough.
Dobbs reversed Roe and planned parenthood. I don't think recent "strengthening" matters to them.
The decision in United States v. Wong Kim Ark, 169 U.S. 649 (1898), on the other hand, relies on centuries old, well-settled law. The Wong Kim Ark decision is not the product of judicial activism, nor is it a reinterpretation of text. It's analysis goes back into the common law before the Constitution was drafted.
Posted on 1/21/25 at 2:11 pm to Kjnstkmn
quote:
But opponents of that interpretation have pointed to other Western countries like France and the United Kingdom, where citizenship hinges on at least one parent already being a permanent resident.
Well here in the UK, there are some big differences. For one thing, there is no true Constitution, i.e. a document that is very difficult to change, with amendments established by a broad consensus, and at times vaguely written to allow for modern interpretation. Here, basically, all you need is a majority of parliament to pass most laws, and the equivalent of Executive Orders are far more powerful. The court is weak, and will basically only overturn those laws if they deem them to violate Human Rights.
Also the UK learned a lot of painful lessons the hard way. There are many safety nets in place, and a swathe of laws to prevent statelessness. The highlights:
* Any child born in the UK who has lived the first ten years of their life in the UK has a lifetime claim to citizenship, irregardless the status of the parents.
* If a child is born in the UK to a parent who later becomes a citizen or permanent resident, they have a very straightforward process for attaining citizenship that's basically a given.
* And very fundamentally, children physically born in the UK, and who never physically leave the UK, are always legally present in the UK, no matter what the status of the parents is.
The idea was to prevent the catastrophe of generations of stateless people just piling up in society along the lines of what happened in Germany during 50's - 80's.
There are caveats. There are good character requirements and native born children have been refused citizenship because of criminal backgrounds (extremely rare - but has happened). And there is even a recent case of a native born citizen having their citizenship stripped away for actions mainly committed as a child, making them stateless (they deserved it, but again this is extremely rare).
If the U.S. wants to change birthright citizenship, I think the most obvious and uncontested way to go about doing it is removing the citizenship clause from the 14th Amendment, and making all immigration implementation a matter of Congressional laws and Executive interpretation. This would truly reflect the way it's done in the UK.
This post was edited on 1/21/25 at 2:13 pm
Posted on 1/21/25 at 2:47 pm to ouflak
quote:
If the U.S. wants to change birthright citizenship, I think the most obvious and uncontested way to go about doing it is removing the citizenship clause from the 14th Amendment,
Or you could do an EO, wait on the lawsuit. Bring it to the SC and let them reverse that WKA decision. then WKA isn't the law of the land, the new decision is.
It's interesting to hear people scream you can't do this, its completely settled, when the argument I am making was right there in the 1898 case in the dissent. Obviously some people even then had issues with the case and the opinion of the court and including two on the court. It doesn't seem like its unreasonable that 5 now would think exactly as 2 did back then.
WE will find out won't we?
Posted on 1/21/25 at 3:02 pm to extremetigerfanatic
quote:
quote:
If the U.S. wants to change birthright citizenship, I think the most obvious and uncontested way to go about doing it is removing the citizenship clause from the 14th Amendment,
Or you could do an EO, wait on the lawsuit. Bring it to the SC and let them reverse that WKA decision. then WKA isn't the law of the land, the new decision is.
I consider this a far more contested way of trying to end birthright citizenship. It's attempting to revoke/reverse over a century of well established doctrine and interpretation, based on a strong stable Constitution, with an exceptionally high chance of failing.
But if you remove the citizenship clause from the 14th, you can basically do whatever you like with citizenship. Sure, there would be challenges here and there, but those challenges would likely fail, especially since successfully changing the 14th amendment would mean you had the broad consensus and popular support of the vast majority of the electorate to do so.
This post was edited on 1/21/25 at 3:04 pm
Posted on 1/21/25 at 6:55 pm to extremetigerfanatic
quote:
And amazingly enough the judges on the court are not afraid to reverse course and set new precedent
But this wouldn’t go against precedent. This would go against a constitutional amendment and the SC a very very leery of doing that.
Posted on 1/21/25 at 7:08 pm to Boss
The men who wrote the Constitution never intended a provision for a pregnant foreigner to enter the U.S. illegally specifically to give birth and get benefits and citizenship for their child then use the baby to get U.S. citizenship. It was intended for lawful immigrants who came to the U.S. and had children before the parents were granted citizenship.
Posted on 1/21/25 at 7:24 pm to Goforit
Can’t pick and choose. That’s the 2A argument. The writers didn’t intend for all the shite that is a gun nowadays either but 2A protectionists screech about the constitution. Can’t have it both ways.
Posted on 1/22/25 at 2:59 pm to Kjnstkmn
Posted on 1/22/25 at 3:04 pm to Deuces
quote:That would require (literal) legislation from the bench. There is zero mention of parentage in the 14A. Zip. Nada. Zilch. Zero. Nothing.
There will be a court challenge, but this needs to be settled.
They need to make it dependent on if at least one of your parents are already a citizen.
Posted on 1/22/25 at 3:07 pm to GumboPot
quote:Whats confusing about it?
Call it what you want but this EO is needed and needed to get some clarity on this issue from the judicial branch
Posted on 1/22/25 at 4:22 pm to SlowFlowPro
Other than Diplomats and their families, what subset of foreigners would be not be "subject to jurisdiction?"
Does not the US snatch and grab foreigners that we wish to try for certain crimes such as terrorists?
Does not the US snatch and grab foreigners that we wish to try for certain crimes such as terrorists?
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