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Message

re: Listening to SCOTUS Birthright argument: WE ARE FRICKED

Posted on 4/1/26 at 10:45 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476816 posts
Posted on 4/1/26 at 10:45 am to
quote:

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.”

Your conclusion is not logical

You should read WKA. Congress has the ability to expand the process of citizenship and regulate immigration. You're conflating that with a separate Constitutional discussion about the 14A. WKA addresses this specifically.
Posted by Powerman
Member since Jan 2004
173722 posts
Posted on 4/1/26 at 10:46 am to
quote:

Well yeah, illegal migrants don’t affect the daily lives of Supreme Court justices so why would they care?

Can you explain how it impacts your life?
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/1/26 at 10:46 am to
quote:

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 ??


This is word for word how leftists try to weaken the 2A, fwiw. "The founders never could've imagined AR-15s so we need to revisit if it actually applies in 2026"
Posted by Rip Torner
Member since Jul 2023
2309 posts
Posted on 4/1/26 at 10:47 am to
Our local autist would never entertain such a fantasy even though it’s essentially what is occurring, after all the Congress needs to just amend the Constitution which will never happen and he knows it so he argues the semantics of it.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476816 posts
Posted on 4/1/26 at 10:47 am to
quote:

This is word for word how leftists try to weaken the 2A,

Correct

It's the "they only intended the 2A to apply to muskets" nonsense
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
33618 posts
Posted on 4/1/26 at 10:48 am to
quote:

I have never heard the miracle of birth described in the manner in which you describe it. You must not have children.
Oh shut the frick up. Your side supports abortion up until birth.

You fricking demon.
Posted by Tiger985
Member since Nov 2006
7686 posts
Posted on 4/1/26 at 10:49 am to
You know the founders left us with a mechanism for changing the Constitution. Part of the genius of it.

We need to fix this with a constitutional amendment.

Unfortunately, the document says what it says.

On this court you have 3 liberals who will say anything but the rest are a combination of originalists and textualists.

The originalists will be sympathetic to the original meaning argument. I believe it's the correct position.

A textualist like Kavanaugh certainly agrees with the originalists position but it's trumped by his belief that the Constitution says what it says and it says if you are born here you are a citizen.

Trump needs to push for a constitutional amendment.
Posted by Rip Torner
Member since Jul 2023
2309 posts
Posted on 4/1/26 at 10:50 am to
Cut Tboy some slack, homeboy can’t help it
Posted by NytroBud
LaFayette
Member since Jun 2009
6072 posts
Posted on 4/1/26 at 10:52 am to
quote:

. What other jurisdiction is that baby subject to? The baby has never lived anywhere else.



The parents country of origin.....
Posted by DByrd2
Fredericksburg, VA
Member since Jun 2008
10089 posts
Posted on 4/1/26 at 10:53 am to
quote:

Your conclusion is not logical


My response was addressing mainly TBoy’s seeming argument that the 14th Amendment covers birthright citizenship.

It does not.
Posted by Taxing Authority
Houston
Member since Feb 2010
63343 posts
Posted on 4/1/26 at 10:53 am to
quote:

The parents country of origin.....
So if they stay here they are not subject to US laws? you sure you want that?
Posted by BHTiger
Charleston
Member since Dec 2017
9255 posts
Posted on 4/1/26 at 10:53 am to
Kagan just dragging Wang along.....yes, yes that right.
Posted by GoldenGuy
Member since Oct 2015
12782 posts
Posted on 4/1/26 at 10:55 am to
Sounds like we’re about to get birthright citizens, but a removal of their parents.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7877 posts
Posted on 4/1/26 at 10:55 am to
"But then again, Republicans don't want to work to solve problems. They thrive and campaign on emotional outrage. That is the only thing they sell these days."

I would apply this at least equally to Democrats, but leaving aside who is more at fault, I do agree that we are stuck in a cycle in which the only thing politically important for all but a few in the House or Senate is not to be outflanked to the left for Dems or to the right for R's. As much as I would hate to see it, we may have reached the stage at which the filibuster is no longer worth it. The change would come at great cost, as it would likely result in much wilder policy swings, but at least the party in power (assuming they have the presidency and both houses of Congress) would be responsible for laws that actually get passed instead of being able to point the finger to the obstructionist party in the Senate. For example, the R's are largely freed from any responsibility to repeal, replace, or fix the mess that it is the ACA because they don't have 60 votes in the Senate. Maybe, and I stress "maybe," we are better off if they had to "own it."
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
33618 posts
Posted on 4/1/26 at 10:56 am to
I don’t give a frick what Wong Kim Ark says or frankly what anyone “thinks” the 14th Amendment says.

You will never convince me that the framers of the 14th meant that fricking Chinese tourists could drop a baby here while on “vacation” or an illegal immigrant can have a baby here after illegally entering the country and their fricking children automatically get US citizenship.

I subscribe to fricking common sense law, not “there was no such thing as illegal immigrants when the law was written and therefore we should let millions of fricking leeches become citizens” bullshite.
This post was edited on 4/1/26 at 11:08 am
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79430 posts
Posted on 4/1/26 at 10:59 am to
quote:

That the original intent of the 14th Amendment could not have been to allow birthright citizenship as a part of the formal immigration process.


The fact that congress didn’t anticipate an issue with their law doesn’t change their lawZ

they couldn’t have anticipated school shooting when they wrote the 2nd or a standing professional army with a 800 billion dollar budget or semiautomatic weapons or free slaves.

But that amendment is still there as they intended it.
Posted by DByrd2
Fredericksburg, VA
Member since Jun 2008
10089 posts
Posted on 4/1/26 at 11:00 am to
quote:

SlowFlowPro


WKA was about a man who was permitted to be working, not people with a criminal record (achieved by ignoring and defying immigration laws).

By having that work permit, he was subject to the jurisdiction of the USA.

The children of illegals are not, and that is the opinion of a man with two children by a woman who came here legally, but illegally overstayed before getting her papers squared away.

If this immigration enforcement and this hearing had happened in 2017 (before I met her), my oldest would not be eligible to be a citizen of the USA.
Posted by deltadummy
Member since Mar 2025
2529 posts
Posted on 4/1/26 at 11:00 am to
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
77654 posts
Posted on 4/1/26 at 11:01 am to
quote:

or an invading army.

Have I got good news for you!
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