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re: Here’s Why the Era of Lawless Leftist Judges is Likely Ending Soon

Posted on 4/22/25 at 10:33 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477045 posts
Posted on 4/22/25 at 10:33 am to
quote:

The 14th was written the way it was because at the time the concept of borders in an ever growing US was flexible, and there were no strict written naturalization laws like we have today.

Correct. No real federal standards, either, IIRC. It was primarily state-based (we were more of a collection of states pre-Civil War, obviously).

The concept of a federal "illegal" immigrant was a creation of Congress in the early 20th century. This distinction did not really exist prior to the Quota Laws of 1921 and 1924. Prior to that, it was citizen and non-citizen, which, not surprisingly, is the language of Wong Kim Ark.

That's why all the implications about "lawful domicile" (which language doesn't exist in the ruling) claims are simply attempts to create a distinction that has no rhetorical, logical, or legal merit. This silly "if they're citizens of another country they owe allegiance to that country and are 'subject to the jurisdiction of' that country" argument is explicitly thwarted by the language of the case:

quote:

Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.


Now, as I said, the case does use domicile pretty regularly, which raises questions about birth tourism, but not the larger issue of illegal immigrants, who are CLEARLY domiciled here.

Congress can't take away their constitutional rights by enacting legislation to make that domicile illegal. That's now how our Constitution works. Statutes cannot override the Constitution.

quote:

The 14th is clear if you are born in the US and not a diplomat or invader in an occupied territory you are a citizen.

Let's just re-post that language from the case, again:

quote:

The fourteenth amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The amendment, in clear words and in manifest intent, includes the children born within the territory of the United States of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States.

Posted by djsdawg
Member since Apr 2015
41747 posts
Posted on 4/22/25 at 2:47 pm to
quote:

You're arguing for a living constitution and rejecting textualism. I prefer textualism to the living document analysis the left loves so much


The choice is to self sacrifice, bend the knee to the judges, or to do what is needed to defeat the evil left, which is what trump is trying to do. I don’t recall you ever provided a 3rd option when I requested it.
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