re: Listening to SCOTUS Birthright argument: WE ARE FRICKED

Don’t blame the DOJ

If they win this it would be an enormous upset.

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"The left?" The Constitution of the United States is "the Left?"

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Shut the frick up, nerd.

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You keep saying constitutional amendments are required, but constitutional rights have clearly been limited, without amendments being required. No reason we can't do the same with 14A for an obvious common sense reason

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Slow, would you mind addressing this?

I’m sincerely interested in your take on it. I don’t know enough about any of these law changing mechanisms to even have an opinion on it other than, “yeah that’s what I was thinking.”

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believed. As I recall, his belief was that Congress could define citizenship without running afoul of the 14th Am due to the latitude allowed by the Am’s less than clear phrasing

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Congress could definitely pass legislation to clarify this along with the sanctuary bullshite that was abused by Biden. The law needs to define being under the jurisdiction of the US as an individual who is here with legal authority granted by the US govt AND in compliance with the laws of the country. This wouldn’t require an amendment. How can you be under the country’s jurisdiction if nobody knows you’re here?

They could also do a number of other things to make some of Trumps EO’s permanent.

But they don’t do shite.

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The Constitution of the United States is "the Left?

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Where in the Constitution does it say the offspring of foreign nationals are automatically granted citizenship at birth?

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The left?" The Constitution of the United States is "the Left?"

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The left is using the constitution to destroy our nation

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Let's not derail this thread with a straw man please

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"Don't bring up my history of hypocrisy on conservatism while I'm preening about being one of the only true conservatives here."

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1807 Act Prohibiting Importation of Slaves ended the legal importation of slaves from Africa. It was poorly enforced for a decade or so. Would slaves smuggled into the US be citizens with the passage of the 14th amendment? They were brought here illegally. ACB made a similar point in oral arguments today when asking about trafficked children who decide they want to stay, and the SG gave a half-answer about "there may be other things to assist people like that."

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I don't know for sure how they were handled when the 14th was ratified, but presumably they would have been granted citizenship. Think if they were though that cuts against any argument about domicile being important. It might have been ACB who brought up that a lot of freed slaves may have planned to return to Africa, so the intent part of domicile wouldn't be there for them but they were still given citizenship.

To the SG's point there are T Visas for victims of human trafficking in the US.

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I was asking about them specifically for the reason lionward pointed out. If illegally present slaves were granted citizenship under the 14th amendment then the domicile argument is bunk

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He just got into detail about that and agrees with you.

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Hintopoulos

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This doesn't directly address the issue but shows how the clever arguments that became popular in the 21st century don't have real historical bases.

The worst version of this argument is when they try to argue that birthright citizenship has only been discussed in a footnote.

The most common right now is how they focus on the person being here "legally", when that's not really relevant (although it clearly wasn't a big deal in Hintopoulos for the court).