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If the 14th Amendment guarantees birthright citizenship then why ...

Posted on 6/2/26 at 9:40 pm
Posted by scrooster
Resident Ethicist
Member since Jul 2012
44108 posts
Posted on 6/2/26 at 9:40 pm
Then why did we have to pass a law in 1924 granting Native Americans citizenship?


quote:

DeSantis just exposed the birthright citizenship myth.

In 1924, Congress had to pass a special law to make Native Americans citizens.

If ‘born on U.S. soil = automatic citizen’ was the rule, why the statute?

The 14th Amendment never meant instant citizenship for everyone dropping a baby here.

This is the real time bomb: Every day without mass deportations, thousands more anchor babies become instant citizens.

They grow up, vote, chain-migrate their families, and permanently shift the country left.

Delay = irreversible demographic replacement, exploding welfare costs, and cultural collapse.

Fix birthright citizenship. Deport at scale.
Tick… tick… tick…“
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157563 posts
Posted on 6/2/26 at 9:41 pm to
quote:

Native Americans
Indians
Posted by navy
Parts Unknown, LA
Member since Sep 2010
32254 posts
Posted on 6/2/26 at 9:42 pm to
Injuns
Redskins
Redmen
Posted by Rebel
Graceland
Member since Jan 2005
143953 posts
Posted on 6/2/26 at 9:42 pm to
quote:

Indians


They hate being called that. They prefer drunken savages.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157563 posts
Posted on 6/2/26 at 9:43 pm to
quote:

Redskins
accurate
Posted by Y.A. Tittle
Member since Sep 2003
111076 posts
Posted on 6/2/26 at 9:43 pm to
Was there a question prior as to whether they were actually “subject to the jurisdiction thereof”?
Posted by Django Unchained
Member since Sep 2025
966 posts
Posted on 6/2/26 at 9:44 pm to
Sounds like an audition for the Supreme Court. I say, hire him!!!
Posted by scrooster
Resident Ethicist
Member since Jul 2012
44108 posts
Posted on 6/2/26 at 9:47 pm to
quote:

Indians

Feathers, not Dots.

But still ... the question remains.

BTW, FWIW, I served with some absolute stud Native American paratroopers. Good men. Fearless and relentless. The two that are still alive I love like brothers. Incredible men.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17907 posts
Posted on 6/2/26 at 9:48 pm to
quote:

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
This is why. The tribes were regarded as other nations whose citizens lived under their sovereign authority
quote:

Tick… tick… tick…
I don’t know if it’s as strong as a scientific law or not but this is almost always a retard signal

I’m more disturbed actual living people think retards on Twitter are stumbling on Constitutional Law gotchas
This post was edited on 6/2/26 at 9:51 pm
Posted by scrooster
Resident Ethicist
Member since Jul 2012
44108 posts
Posted on 6/2/26 at 9:49 pm to
quote:

Was there a question prior as to whether they were actually “subject to the jurisdiction thereof”?

I'm not a lawyer but I wouldn't think so given how many Lumbees and Cherokees there were in the South when the 14th was passed.

I dunno if that's the question you were asking or not?
Posted by Loserman
Member since Sep 2007
23171 posts
Posted on 6/2/26 at 9:57 pm to
Congress can also pass a law that grants them citizenship

Just like they did for people born abroad to at least one American citizen

And when they granted citizenship to those born in us territories
Posted by Robin Masters
Birmingham
Member since Jul 2010
36063 posts
Posted on 6/2/26 at 10:00 pm to
quote:

I’m more disturbed actual living people think retards on Twitter are stumbling on Constitutional Law gotchas


Today I learned that Yale Law Grad, Ron DeSantis, also moonlights as a “retard on Twitter”.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17907 posts
Posted on 6/2/26 at 10:01 pm to
Happy to help you out bud

Just wait till you hear about Yale Law Grad Sonia Sotomayor
This post was edited on 6/2/26 at 10:26 pm
Posted by Y.A. Tittle
Member since Sep 2003
111076 posts
Posted on 6/2/26 at 10:04 pm to
quote:

I’m more disturbed actual living people think retards on Twitter are stumbling on Constitutional Law gotchas


Doesn’t invoking that provision as to Indian tribal members raise an interesting dilemma in how we might similarly invoke it for other foreign subjects who might happen to give birth on US soil, Learned Hand?
Posted by Lou the Jew from LSU
Member since Oct 2006
5444 posts
Posted on 6/2/26 at 10:13 pm to
Just thinking here, but wouldn’t it be hard for a nation that spent money, lives and time subjugating a people to the point of making them move to territory foreign to them then turn around and say they are a sovereign nation? More like a subjugated nation.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477698 posts
Posted on 6/2/26 at 10:16 pm to
quote:

Then why did we have to pass a law in 1924 granting Native Americans citizenship?

Indians had an idiosyncratic position as being the only population who could be born in a different nation and the US....plus anti-Indian racism.

Elk v. Wilkins is specifically discussed in Wong Kim Ark and it explains this. It's one of the 3 clear exceptions discussed (to go along with the progeny of diplomats and persons born in areas under hostile occupation).
Posted by CDawson
Louisiana
Member since Dec 2017
20383 posts
Posted on 6/2/26 at 10:17 pm to
quote:

and permanently shift the country left.


Worse, they make it a third world country. Import third world people, you get a third world country.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17907 posts
Posted on 6/2/26 at 10:19 pm to
quote:

Doesn’t invoking that provision as to Indian tribal members raise an interesting dilemma in how we might similarly invoke it for other foreign subjects who might happen to give birth on US soil, Learned Hand?
Not particularly when legal precedent had already explicitly carved tribal members out. They were not subject to US jurisdiction in the same manner as those with diplomatic immunity are not. Anchor babies are subject to US jurisdiction

Anything else while I’m here?
This post was edited on 6/2/26 at 10:22 pm
Posted by Timeoday
Easter Island
Member since Aug 2020
23531 posts
Posted on 6/2/26 at 10:20 pm to
quote:

Injuns
Redskins
Redmen


We have or had pro teams named after them but now one pro team or any team anywhere was ever called Paleface!!
Posted by Y.A. Tittle
Member since Sep 2003
111076 posts
Posted on 6/2/26 at 10:21 pm to
quote:

They were not subject to US jurisdiction in the same manner as those with diplomatic immunity are not


No, not exactly the same. Pretty much apples to oranges.
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