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re: I wonder if the SCOTUS knows there are millions of CCP birthright citizens in the US?

Posted on 4/1/26 at 1:15 pm to
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
10716 posts
Posted on 4/1/26 at 1:15 pm to
quote:

Stupid argument/statement she made about Covid back a few years ago


as opposed to those you made about birthright citizenship today
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477252 posts
Posted on 4/1/26 at 1:16 pm to
quote:

as opposed to those you made about birthright citizenship today

Yes. Her stupid argument is a polar opposite of my intelligent argument.
Posted by RFK
Mar-a-Lago
Member since May 2012
3185 posts
Posted on 4/1/26 at 1:17 pm to
quote:

wonder if this ^^^^ is what the drafters of the 14th Amendment envisioned when they were ensuring freed black Americans were being guaranteed their US citizenship?
This line of thinking creates a very “slippery” slope.

Because I can guarantee you the founding fathers never intended for a weapon like the AR-15 to be in the hands of anyone who does nothing except turn 18 and wait 5 days for a “background check.”

Posted by mwrawls
Member since May 2022
249 posts
Posted on 4/1/26 at 1:22 pm to
My argument around the Constitution is that even if you ignore or support whatever you believe the founder's "intent" was for a law - you have to ask the question of whether the law still makes sense in today's world.

So to cut to the chase and to ignore any BS about whatever the "intent" was:
2nd Amendment: Obviously, it doesn't matter if the intent was for muskets or anything else (it wasn't written to allow only muskets - that's frickin' stupid; it wasn't written with any such constraints in mind) - it doesn't make ANY sense to disarm the citizens of the nation. PERIOD. So intent doesn't matter.

Birthright citizenship. I don't really give a damn what the founders intended with this or not. Birthright citizenship is abused and it's ridiculously stupid to allow it.

What are we doing here? We're going to continue to shoot ourselves in the foot over what people who lived over 200 years ago thought about something? As much as I love the Constitution and personally feel that we should go back to it as much as possible (we've really strayed from it too much) at the end of the day we SHOULD be doing what makes the most sense to do.

And birthright citizenship as practiced by far too many people makes NO fricking sense whatsoever under ANY circumstances. Anyone hiding behind what the "intent" of the framers of the Constituion can go pound sand. You're a fool who is intentionally allowing your country to continue going to hell because of your stupid suicidal empathy. Grow up.

EDIT:
quote:

Because I can guarantee you the founding fathers never intended for a weapon like the AR-15 to be in the hands of anyone who does nothing except turn 18 and wait 5 days for a “background check.”
Yeah, hot garbage takes like this are just braindead and honestly aren't even worth trying to seriously rebuke. Give me a break.
This post was edited on 4/1/26 at 1:26 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477252 posts
Posted on 4/1/26 at 1:24 pm to
quote:

you have to ask the question of whether the law still makes sense in today's world.


This is the "living Constitution" analysis preferred by leftists.
Posted by Taxing Authority
Houston
Member since Feb 2010
63500 posts
Posted on 4/1/26 at 1:26 pm to
quote:

I wonder if the SCOTUS knows there are millions of CCP birthright citizens in the US?

Makes no difference. SCOTUS doesn't evaluate laws for their merit or purpose. Nor would we want them to. It woudl be the very definition of "legislating from the bench".
Posted by loogaroo
Welsh
Member since Dec 2005
42468 posts
Posted on 4/1/26 at 1:29 pm to
A question that is bothering me:

Did we give up our right to choose who we allow to be citizens?

Surely that wasn't the intent?
Posted by RFK
Mar-a-Lago
Member since May 2012
3185 posts
Posted on 4/1/26 at 1:29 pm to
Revoking birthright citizenship is moving the goalposts. Every poster here benefitted from it.

Yanking it away isn’t fair to those who are simply trying to do the same thing we did, live the American dream.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477252 posts
Posted on 4/1/26 at 1:30 pm to
quote:

Did we give up our right to choose who we allow to be citizens?

We can amend the Constitution still, so no.
Posted by dgnx6
Member since Feb 2006
89838 posts
Posted on 4/1/26 at 1:30 pm to
quote:

Crucial question: were they diplomats?


No, because of international law, not because of our constitution.

We ignore our constitution for international law.
Posted by Taxing Authority
Houston
Member since Feb 2010
63500 posts
Posted on 4/1/26 at 1:32 pm to
quote:

No intellectually honest person can argue that the Constitution’s intent was to allow open citizenship to any woman who could jump the fence and go into labor.

Indeed. Just like the 2A doesn't apply to semi-automatic firearms.
Posted by dgnx6
Member since Feb 2006
89838 posts
Posted on 4/1/26 at 1:32 pm to
quote:

Yanking it away isn’t fair to those who are simply trying to do the same thing we did, live the American dream.


My parents didn't commit visa fraud, birth me, then move back to their home country.

Both my parents were born in Louisiana and I was born in Louisiana.






This post was edited on 4/1/26 at 1:34 pm
Posted by RFK
Mar-a-Lago
Member since May 2012
3185 posts
Posted on 4/1/26 at 1:35 pm to
quote:

My parents didn't commit visa fraud, birth me, the move back to their home country.
And who exactly do we think is doing this today? If it’s even happened it’s on such a small scale as not to register.

Opening access to citizenship benefits all of us because it improves access to the economy while also improving people’s lives.
Posted by Taxing Authority
Houston
Member since Feb 2010
63500 posts
Posted on 4/1/26 at 1:35 pm to
quote:

My argument around the Constitution is that even if you ignore or support whatever you believe the founder's "intent" was for a law - you have to ask the question of whether the law still makes sense in today's world.

So to cut to the chase and to ignore any BS about whatever the "intent" was:
2nd Amendment: Obviously, it doesn't matter if the intent was for muskets or anything else (it wasn't written to allow only muskets - that's frickin' stupid; it wasn't written with any such constraints in mind) - it doesn't make ANY sense to disarm the citizens of the nation. PERIOD. So intent doesn't matter.

Birthright citizenship. I don't really give a damn what the founders intended with this or not. Birthright citizenship is abused and it's ridiculously stupid to allow it.
What constraints were put on birthright citizenship?
Posted by Taxing Authority
Houston
Member since Feb 2010
63500 posts
Posted on 4/1/26 at 1:37 pm to
quote:

No, because of international law, not because of our constitution.

So "international law" supercedes our constitution? You sure about that?
Posted by loogaroo
Welsh
Member since Dec 2005
42468 posts
Posted on 4/1/26 at 1:38 pm to
quote:

We can amend the Constitution still, so no.


I get the broad stroke. That's easy.

So without a constitutional amendment, we don't have full control who can become citizens?
Posted by deltadummy
Member since Mar 2025
2551 posts
Posted on 4/1/26 at 1:43 pm to
quote:

Were the non-citizen Chinese parents subject to the jurisdiction of the US?


Why would that matter?

It's the person who is born on US soil that is 'subject'.

None of this is difficult to understand. I'd venture to guess most folks are ok with reinterpreting the 14th to exclude the current system. That would require either the SCOTUS to overturn a century of precedence or the US citizens to get off their arse and participate in the amendemnt process. Doubtful the SCOTUS will ignore that kind of precedence, esp since there are so many issues tangled up with it.

However, your lord and master Donna T doesn't get to call the shots, regardless of how much you worship him.
This post was edited on 4/1/26 at 1:49 pm
Posted by LawTalkingGuy
Member since Mar 2025
215 posts
Posted on 4/1/26 at 1:44 pm to
quote:

My argument around the Constitution is that even if you ignore or support whatever you believe the founder's "intent" was for a law - you have to ask the question of whether the law still makes sense in today's world.


The Constitution is not a "nose of wax" to be molded to fit whatever you think the Constitution "should" say. We are stuck with what it says, and if it no longer makes sense it needs to be amended.

We are a nation of laws. Whether we are talking about the Constitution or statutory laws, we are stuck with the words in those laws. You dont get to change them just because they no longer make sense...you go through an amendment process instead.

I know, it seems like SCOTUS has changed the meaning of the Constitution over time, but they are still stuck with the words that are written
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477252 posts
Posted on 4/1/26 at 1:48 pm to
quote:

So without a constitutional amendment, we don't have full control who can become citizens?

Without constitutional authority, the federal government ("we" in this context) doesn't have "full control" of anything.
Posted by Bass Tiger
Member since Oct 2014
55769 posts
Posted on 4/1/26 at 2:19 pm to
quote:

The 14th amendment was never intended to allow for mass illegal immigration and the occupation of the US. The Constitution and the various amendments were truly drafted for a moral and decent citizenry


The 14th Amendment was intentionally drafted to recognize citizenship for the children of immigrants. The Congressional debate expressly confirmed the children of the Chinese immigrants flooding California should be citizens.

Now, this idea of people coming to the US just to have children and then moving back to their homeland probably wasn't given much thought, since such travel wouldnt have made much sense back then.....but here we are.


This^^^ came later, the original impetus behind the 14th amendment was to give freed black Americans US citizenship.

quote:

Passed in 1866 and ratified in 1868, the 14th Amendment's original intent was to guarantee civil rights, citizenship, and equal protection under the law to formerly enslaved people. It sought to overturn the Dred Scott decision, prevent Southern states from enforcing Black Codes, and solidify Congress’s Reconstruction efforts.
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