Started By
Message

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

Posted on 6/2/26 at 10:23 pm to
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17998 posts
Posted on 6/2/26 at 10:23 pm to
quote:

No, not exactly the same. Pretty much apples to oranges.
Neither were subject to US jurisdiction as has been backed up by long established precedent

You can invoke as many fruits as you want, it is what it is
Posted by Auburn1968
NYC
Member since Mar 2019
26839 posts
Posted on 6/2/26 at 10:26 pm to
Many tribes were by treaty more like foreign territory within the US.

Still helps with the casinos.
Posted by Y.A. Tittle
Member since Sep 2003
111280 posts
Posted on 6/2/26 at 10:27 pm to
quote:

Neither were subject to US jurisdiction


Right. Not for the same rationale.

Keep up the pretentious douchebaggery of thinking a law degree makes you special. Hank would be proud.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17998 posts
Posted on 6/2/26 at 10:34 pm to
quote:

Keep up the pretentious douchebaggery of thinking a law degree makes you special
The cool thing is it doesn’t require a law degree to understand pieces of law. It’s accessible to anyone. It just requires a brain and effort. Made easier by a little bit of awareness that one probably isn’t on to any special thinking - that should be one’s cue to self reflect

Those are you issues tho
This post was edited on 6/2/26 at 10:41 pm
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
11130 posts
Posted on 6/2/26 at 11:07 pm to
quote:

quote:
Native Americans
Indians


Calling them "Native Americans" is one of the more stupid ideas the left ever dreamed up.

WE named it America. That would be like the Martians invading, renaming the earth Gloop, and calling us Native Gloopians to make us feel better.
Posted by scrooster
Resident Ethicist
Member since Jul 2012
44433 posts
Posted on 6/2/26 at 11:43 pm to
Posted by AlwysATgr
Member since Apr 2008
21195 posts
Posted on 6/2/26 at 11:45 pm to
quote:

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


"Birthright citizenship" is rooted in the principle of jus soli (Latin for "right of soil"). Its counterpart is jus sanguinis ('right of blood'). If you adhere to jus soli, then Ron's question is spot on. Anyone born on the soil is a citizen, period. And every exception (which there are some) is nothing more than pragmatism.

Previous SCOTUS decisions are sorely confused. They commingled American citizenship with British subjectship. In a monarchy, one born on a king's soil becomes the king's subject. He is obligated to pay the king's taxes, plow the king's fields, fight his wars, shine his shoes, swear allegiance, etc. Jus soli in action. If you don't want this, then let's hope your parents don't give birth on my soil.

So if we're subjects to a king, then let's rock some jus soli and dispense with the exceptions. On the contrary, if we're citizens of a republic, on what basis are we citizens?

Posted by AlwysATgr
Member since Apr 2008
21195 posts
Posted on 6/2/26 at 11:51 pm to
quote:

The cool thing is it doesn’t require a law degree to understand pieces of law.


Agree.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
139724 posts
Posted on 6/3/26 at 5:40 am to
quote:

This is why. The tribes were regarded as other nations whose citizens lived under their sovereign authority
Negative.
An Indian born off the reservation, and unquestionably on US land, was still not granted birthright citizenship.

The Civil Rights Act of 1866 declared "all persons born in the United States and not subject to any foreign power, excluding Indians not taxed" were to be considered US citizens. The Civil Rights Act of 1866 was enacted into law two months before the Fourteenth Amendment was proposed by Congress. There is no legitimate question that 'subject to the jurisdiction thereof,' was intended as synonymous with the words 'and not subject to any foreign power.'

In US v Ark, perhaps an argument could be made that Ark met such a standard, due to his parents' full and voluntary submission to US jurisdiction, in lieu of China's at the time of Ark's birth in California.
Posted by wackatimesthree
Member since Oct 2019
14055 posts
Posted on 6/3/26 at 7:29 am to
Because the reservation isn't considered American soil?

Just my guess.
Posted by deuceiswild
South La
Member since Nov 2007
5109 posts
Posted on 6/3/26 at 7:47 am to
I just want to know why anyone who supports birthright citizenship, supports it. Something other than "because the SCOTUS said so", decades ago.

Why do you agree with the ruling? What's in it for you? Why do you think I should agree with it? Why is it good for the country?
Posted by AlwysATgr
Member since Apr 2008
21195 posts
Posted on 6/3/26 at 8:14 am to
quote:

Why do you agree with the ruling? What's in it for you? Why do you think I should agree with it? Why is it good for the country?


Good questions. Let's see if anyone will face the music.
Posted by Lynxrufus2012
Central Kentucky
Member since Mar 2020
19922 posts
Posted on 6/3/26 at 8:18 am to
Celtics
Fighting Irish
Posted by scrooster
Resident Ethicist
Member since Jul 2012
44433 posts
Posted on 6/3/26 at 8:19 am to
quote:

I just want to know why anyone who supports birthright citizenship, supports it. Something other than "because the SCOTUS said so", decades ago.

Why do you agree with the ruling? What's in it for you? Why do you think I should agree with it? Why is it good for the country?

Are you implying that I support birthright citizenship?

I'm not sure from where, or why, you've somehow drawn that conclusion but you couldn't be more wrong.

I believe birthright citizenship is a blight upon this country, a cancer, a direct result of yankee overreach during reconstruction, and it will eventually lead to the destruction of this country ... especially when combined with the '64 civil rights act and the implementation of the social welfare system.

Posted by TBoy
Kalamazoo
Member since Dec 2007
28761 posts
Posted on 6/3/26 at 8:38 am to
quote:

If the KC Chiefs are still the Chiefs, and the Atlanta Braves are still the Braves, then why are the Cleveland Indians the Guardians and the Washington Redskins the Commanders?


And whoever associated Utah with Jazz? What's up with that?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478687 posts
Posted on 6/3/26 at 8:44 am to
quote:

Why do you agree with the ruling? What's in it for you? Why do you think I should agree with it? Why is it good for the country?


The bigger question is why you're framing your view like this, instead of looking at the text and a textual analysis.

It's not about "how is this good?" because that's how liberals think/argue, and why would you want to be a liberal?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478687 posts
Posted on 6/3/26 at 8:45 am to
quote:

Are you implying that I support birthright citizenship?


No. I think he's just melting while virtue signaling.
Posted by TulsaSooner78
Member since Aug 2025
3365 posts
Posted on 6/3/26 at 8:51 am to
quote:

DeSantis just exposed the birthright citizenship myth.


I will be more than surprised if DeSantis just discovered the cheat code to birthright citizenship as if no other constitutional scholar has considered this in the past 102 years.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
139724 posts
Posted on 6/3/26 at 8:59 am to
quote:

I will be more than surprised if DeSantis just discovered the cheat code to birthright citizenship
DeSantis reads this site ...
quote:

Again, and we've been over this many times, there is no difference between an Indian born off the reservation, therefore under US jurisdiction, and an illegal alien from a foreign country born in the US "under US jurisdiction." Yet by your interpretation of Ark, in those identical circumstances, one is a US citizen and one is not. The absurdity is self evident.
LINK
Posted by Auburn1968
NYC
Member since Mar 2019
26839 posts
Posted on 6/3/26 at 9:02 am to
No matter what, it is just plain wrong to give citizenship to a child of illegal aliens that happens to be born in the US.
first pageprev pagePage 2 of 4Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram