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re: Listening to SCOTUS Birthright argument: WE ARE FRICKED

Posted on 4/1/26 at 10:32 am to
Posted by TBoy
Kalamazoo
Member since Dec 2007
28579 posts
Posted on 4/1/26 at 10:32 am to
quote:

The intention was about admitting slaves.

That is not what the Constitution says. It could have been written to limit its application as you desire, but it was not.
Posted by the808bass
The Lou
Member since Oct 2012
128797 posts
Posted on 4/1/26 at 10:32 am to
quote:

subject to the jurisdiction of United States.


This is where you take what words mean now and pretend they always mean what you’re saying they mean now.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 4/1/26 at 10:32 am to
quote:

The constitution doesn't say we have to allow birthing tourism.

That is a possible narrow example that does not fall within WKA

The irony is that if this case is as big as a bloodbath as it seems to be, Trump's administration may ultimately close the path for that potential exception.

Posted by dgnx6
Member since Feb 2006
89795 posts
Posted on 4/1/26 at 10:34 am to
quote:

Are you really proposing "conception right citizenship?"


Your argument is that all the baby had to do was peak its head out of the mom's vaginal canal and it's a citizen. Because it never lived anywhere else.


That's your argument.


Posted by GeauxBurrow312
Member since Nov 2024
6267 posts
Posted on 4/1/26 at 10:34 am to
quote:

People who don’t assimilate are invaders Do we need to deport the Amish?


The Amish got here at the same time. They mind their business and have integrated well with us (providing high end carpentry, farmer markets etc)

Not remotely the same thing as someone named Mohamed moving into an urban area, blasting their call to prayer, and insisting on subsidies and special treatment
This post was edited on 4/1/26 at 10:35 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
28579 posts
Posted on 4/1/26 at 10:34 am to
quote:

The irony is that if this case is as big as a bloodbath as it seems to be, Trump's administration may ultimately close the path for that potential exception.

That is a good point. Since Trump did this by executive decree, it opens the door for language in the opinion that would preclude attempting to do the same by Congressional action.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28579 posts
Posted on 4/1/26 at 10:36 am to
quote:

Your argument is that all the baby had to do was peak its head out of the mom's vaginal canal and it's a citizen. Because it never lived anywhere else.

I have never heard the miracle of birth described in the manner in which you describe it. You must not have children.

Edit: But to your silly description, yes, when my children peaked their heads out of their mother's womb, they were immediately citizens of the United States.
This post was edited on 4/1/26 at 10:38 am
Posted by Flats
Member since Jul 2019
28152 posts
Posted on 4/1/26 at 10:36 am to
quote:

We don’t need SCOTUS trying to ascribe intention on top of their actual job of interpreting laws by the letters in which they were actually written.


Scalia thought there was more nuance to the issue than that. “Intention” may not be the most accurate term but if we know how a law was enforced at the time it does provide valuable insight into what the words meant and therefore should mean. That reality can also put a bit of a leash on how creative they get when they “interpret”.
Posted by DawgCountry
Great State of GA
Member since Sep 2012
33360 posts
Posted on 4/1/26 at 10:37 am to
you were making good points until the end. couldnt help it
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 4/1/26 at 10:38 am to
quote:

Scalia thought there was more nuance to the issue than that. “Intention” may not be the most accurate term but if we know how a law was enforced at the time it does provide valuable insight into what the words meant and therefore should mean.


Wong Kim Ark does a beautiful job of this, fwiw
Posted by Rip Torner
Member since Jul 2023
2309 posts
Posted on 4/1/26 at 10:39 am to
The legal autist has spoken but I don’t blame you because you sound just as “intelligent” as Roberts and Jackson. It must be a law school requirement
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
49529 posts
Posted on 4/1/26 at 10:40 am to
quote:

A distinction without a (legal) difference

The concept did not exist at the time and was created by Congress. Congress can't supercede the constitution


so we are bound by their incomplete wisdom to predict the future

but at the same time you hold that they would totally agree with any interpretations modern leftists want to choose for the words they used to frame their actual intent???

So new concepts can be introduced to the benefit of one party and opposing parties have to suffer the consequences ??

SO - just because the founders did not have to foresight to put in words that would preclude an alien from MARs to plop their spaceship down and drop a 2-headed, 6-legged 'citizen' and therefore the parent martians are free to stay === and demand a pipeline into the nations bank account to satisfy whatever 'need' they may have to keep them fat and happy according to their interpretations of what they need???
Posted by DeBoar
Cullman, AL
Member since Jan 2024
1687 posts
Posted on 4/1/26 at 10:40 am to
quote:

The legal autist has spoken but I don’t blame you because you sound just as “intelligent” as Roberts and Jackson. It must be a law school requirement


The legal profession profits off of this stuff, they’re just looking out for themselves.
This post was edited on 4/1/26 at 10:41 am
Posted by guzziguy
Lake Forest
Member since Jun 2022
996 posts
Posted on 4/1/26 at 10:41 am to
We'll be 99% Chinese by the year 2100.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28579 posts
Posted on 4/1/26 at 10:41 am to
quote:

The legal profession profits off of this stuff, they’re just looking out for themselves.

I'm sure the lawyers would tell you that everyone has to pay their legal bills, whether they are here legally or not.
Posted by ChatGPT of LA
Member since Mar 2023
6330 posts
Posted on 4/1/26 at 10:42 am to
We need to outlaw a pregnant woman being allowed to travel here, without signing a waiver
Posted by DByrd2
Fredericksburg, VA
Member since Jun 2008
10089 posts
Posted on 4/1/26 at 10:43 am to
quote:

This is because it could not exist at the time

That concept was developed later by Congress


Very good! Now, all together class… What does that mean?

*children in unison*

“That the original intent of the 14th Amendment could not have been to allow birthright citizenship as a part of the formal immigration process.”
Posted by ArHog
Gulf Coast
Member since Jan 2008
39477 posts
Posted on 4/1/26 at 10:44 am to
quote:

SO - just because the founders did not have to foresight to put in words that would preclude an alien from MARs to plop their spaceship down and drop a 2-headed, 6-legged 'citizen' and therefore the parent martians are free to stay === and demand a pipeline into the nations bank account to satisfy whatever 'need' they may have to keep them fat and happy according to their interpretations of what they need???



Well said sir

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476775 posts
Posted on 4/1/26 at 10:44 am to
quote:

so we are bound by their incomplete wisdom to predict the future

No. We can always amend the Constitution

quote:

So new concepts can be introduced to the benefit of one party

I am not discussing this in terms of partisanship. Nobody should. That's what KBJ does.

quote:

SO - just because the founders did not have to foresight to put in words that would preclude an alien from MARs to plop their spaceship down and drop a 2-headed, 6-legged 'citizen' and therefore the parent martians are free to stay === and demand a pipeline into the nations bank account to satisfy whatever 'need' they may have to keep them fat and happy according to their interpretations of what they need???

That's why we have an amendment process.
Posted by PurpleSingularity
Member since Dec 2017
2835 posts
Posted on 4/1/26 at 10:45 am to
quote:

Do we need to deport the Amish?


You are a living, breathing “this is fine” meme…I hope your progeny suffers
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