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re: Hintopoulos v Shaughnessy and its relevance to birthright citizenship

Posted on 4/2/26 at 9:34 am to
Posted by the808bass
The Lou
Member since Oct 2012
128797 posts
Posted on 4/2/26 at 9:34 am to
quote:

There is a solution: a Constitutional amendment.


Yes. And the solution for Canisius’ men’s basketball team winning the NCAA championship is to get into the tournament and win all their games.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476846 posts
Posted on 4/2/26 at 9:34 am to
quote:

permanent resident aliens.

That's not an accurate phrasing, as that status did not exist at the time.

quote:

but public comments from Administration and its surrogates emphasize birth tourism - which fits with the question in WKA. People here on visas are clearly not permanent residents.

WKA may open avenues to analyze birth tourism, but the "permanent resident" status isn't the issue. Domicile is.

People here on visas can be domiciled here, and I don't think the admin is even targeting those people.

They're arguing illegals can't have domicile here, and clearly birth tourists don't.

The problem is that by crafting the EO in this manner, if the USSC gives a constitutional ruling, it may be forced to include birth tourism due to how the EO and argument is structured. That would be a huge L for the admin.
Posted by Ailsa
Member since May 2020
8424 posts
Posted on 4/2/26 at 9:35 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476846 posts
Posted on 4/2/26 at 9:36 am to
quote:

You introduced the idea that your opposition was almost solely motivated by racism.

What in the...frick?

Go review the post history of TenWheelsForJesus, which is what was being referenced.

Hell, go review his posts IN THIS THREAD

quote:

Yes, let's let our country be ruined and our children raped and murdered by illegals


Reading is fundamental
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476846 posts
Posted on 4/2/26 at 9:37 am to
quote:

And the solution for Canisius’ men’s basketball team winning the NCAA championship is to get into the tournament and win all their games.

You'd prefer a court adjudicate them champions based on feelings instead?

Sorry, not feelings, we'll use your term, "morality"
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/2/26 at 9:38 am to
Sounds very DEI to award a decision based on feelings because the existing framework is hard to overcome
Posted by JimEverett
Member since May 2020
2402 posts
Posted on 4/2/26 at 9:39 am to
It is "permanent domicile and rrsidence" it is in the question befote the Court.

I am not so much arguing one way or another - just saying there is an opening.
I agree SCOTUS most likely rules against Trump.
Posted by the808bass
The Lou
Member since Oct 2012
128797 posts
Posted on 4/2/26 at 9:43 am to
quote:

You'd prefer a court adjudicate them champions based on feelings instead?


My analogy was only in relation to likelihood of it happening.

“There’s a solution to this obvious problem, Sisyphus. Just get the rock up the hill.”
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37564 posts
Posted on 4/2/26 at 9:54 am to
Wah!!!!!
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476846 posts
Posted on 4/2/26 at 9:55 am to
The founders intentionally made the amendment process difficult though. That is the entire point and it does more to thwart leftism than the opposite. Even from a values perspective, this is a net positive for the anti-left.

People are just having a meltdown because one of their preferred issues may face the same restrictions. This is actually why commentary about their conflicting stances and emotional arguments becomes important.

That's why you've seen this growing population outside of these partisan-based NPCs, who want to do away with the Constitution entirely and create more of an authoritarian state, under the assumption that their site will be the one in power clearly.
This post was edited on 4/2/26 at 9:58 am
Posted by the808bass
The Lou
Member since Oct 2012
128797 posts
Posted on 4/2/26 at 9:57 am to
I’m not bothered by the Constitutional amendment process being difficult.

This is one of a handful of issues where the public is probably 70-30 on. But the people running things are 10-90.
Posted by Taxing Authority
Houston
Member since Feb 2010
63360 posts
Posted on 4/2/26 at 9:58 am to
quote:

It would be the moral position and rational position for them to rule in a fashion that put limits on birthright citizenship.
So you want the SCOTUS to rule based on morality? I don't. And while teh merits of limiting birthright citizenship are obvious... it's up to SCOTUS to create good laws or constitutional amendments. Why would anyone want SCOTUS to legislate from the bench?

(if I'm misinterpreting your position, i apologize in advance)
This post was edited on 4/2/26 at 10:02 am
Posted by Azkiger
Member since Nov 2016
28142 posts
Posted on 4/2/26 at 9:58 am to
quote:

Reading is fundamental


It is. Where did TenWheels mention race?
Posted by the808bass
The Lou
Member since Oct 2012
128797 posts
Posted on 4/2/26 at 10:01 am to
quote:

So you want the SCOTUS to rule based on morality?


No. I’m just less bothered by makeup calls than bad calls. Hope that helps.
Posted by Taxing Authority
Houston
Member since Feb 2010
63360 posts
Posted on 4/2/26 at 10:02 am to
quote:

No. I’m just less bothered by makeup calls than bad calls. Hope that helps.
Ha! Yeah, I edited my post, I read too much into your post.
Posted by lake chuck fan
Vinton
Member since Aug 2011
23800 posts
Posted on 4/2/26 at 10:04 am to
quote:

And I'd argue that people illegally coming here aren't trying to evade US jurisdiction, but are rather, seeking to be under US jurisdiction.


If a person has broken the US immigration law as their first action of being in the US, that's not a good start and doesn't demonstrate allegiance to the US. In fact, it's an incomplete allegiance, which is how it was undat the time of the 14A 's writing.
Also, if an illegal isn't a citizen of the US, then they are still "under the jurisdiction of" their native country. They can't be both.
Posted by Taxing Authority
Houston
Member since Feb 2010
63360 posts
Posted on 4/2/26 at 10:06 am to
quote:

That's why you've seen this growing population outside of these partisan-based NPCs, who want to do away with the Constitution entirely and create more of an authoritarian state, under the assumption that their site will be the one in power clearly.
Yup. There's a reason Trump is attacking libertarian-leaning republicans.
Posted by Taxing Authority
Houston
Member since Feb 2010
63360 posts
Posted on 4/2/26 at 10:07 am to
quote:

This is one of a handful of issues where the public is probably 70-30 on. But the people running things are 10-90.
That's means the public has failed. Bigly. Not that we should throw out the constitution.
Posted by HurricaneTiger
Coral Gables, FL
Member since Jan 2014
3207 posts
Posted on 4/2/26 at 10:08 am to
If a foreign diplomat brings his wife and has a child in the USA, is that child a citizen of the US?

NO

Why?
Posted by Taxing Authority
Houston
Member since Feb 2010
63360 posts
Posted on 4/2/26 at 10:08 am to
quote:

Also, if an illegal isn't a citizen of the US, then they are still "under the jurisdiction of" their native country. They can't be both.
What happens if they commit a crime?
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