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re: NJ challenging EO to end birth right citizenship

Posted on 1/23/25 at 10:08 pm to
Posted by Vacherie Saint
Member since Aug 2015
47536 posts
Posted on 1/23/25 at 10:08 pm to
Muh Wong

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:08 pm to
quote:

Still not seeing the “effective laughter”


quote:

I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” Coughenour said. “It just boggles my mind.”


If you're a lawyer, you don't want to ever hear this.

This is "get reported to the bar" territory.

quote:

But I guess you’ll have to learn this the hard way.

Like with the last Supreme Court ruling that popped this MAGA-infused bubble?
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90391 posts
Posted on 1/23/25 at 10:09 pm to
So illegality didn't exist prior to the 14th?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:09 pm to
quote:

He's a Republican or are you assuming that because he was appointed by Reagan?

Fair point.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:10 pm to
quote:

So illegality didn't exist prior to the 14th?

That's not what I said.

"Illegal immigrants" as we conceive of the term today, is a function of Congressional action that occurred after WKA.

And Congress cannot create a class of person to overrule a Supreme Court ruling.
Posted by JoeHackett
Member since Aug 2016
5171 posts
Posted on 1/23/25 at 10:11 pm to
quote:

Fair point.



I had Sotomayor locked and loaded.
Posted by Dandy Chiggins
Member since Jan 2021
795 posts
Posted on 1/23/25 at 10:11 pm to
quote:

The concept of "being here illegally" did not exist at the time.


The fact his parents were here legally was literally 1 of the key facts in the case.

But; if I follow your made up logic; if the concept
Of being here illegally wasn’t around then; (which is absurd) then you admit WKA doesn’t apply.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90391 posts
Posted on 1/23/25 at 10:11 pm to
Ok then alien didn't exist?
Posted by Vacherie Saint
Member since Aug 2015
47536 posts
Posted on 1/23/25 at 10:11 pm to
quote:

Like with the last Supreme Court ruling that popped this MAGA-infused bubble?


Or maybe the ones that obliterated Roe or solidified presidential immunity?

Keep denying there’s a case here.
Posted by ell_13
Member since Apr 2013
87962 posts
Posted on 1/23/25 at 10:11 pm to
quote:

That's not how people of the time understood the words
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Posted by ell_13
Member since Apr 2013
87962 posts
Posted on 1/23/25 at 10:13 pm to
Based on what was meant at the time, foreigners and aliens along with diplomats were to be excluded.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:13 pm to
quote:

But; if I follow your made up logic; if the concept
Of being here illegally wasn’t around then; (which is absurd) then you admit WKA doesn’t apply.

Not at all.

WKA established 2 exceptions to the rule. You have to fit illegal immigrants into one of the boxes, which is not possible.

They are clearly not diplomats.

They are clearly not a hostile force occupying areas of the US.

You're adding a layer of analysis on top of these exceptions that the court never did ("legal presence"), nor does it even make sense. How are people occupying American land in a hostile manner here legally?
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90391 posts
Posted on 1/23/25 at 10:13 pm to
But legality didn't exist per slow fanni
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:14 pm to
I'm making the textualist argument. Legislative intent is irrelevant
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90391 posts
Posted on 1/23/25 at 10:15 pm to
Irrelevant!
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:15 pm to
quote:

Or maybe the ones that obliterated Roe

I felt that was likely

quote:

or solidified presidential immunity?

Least controversial opinion ever. I never disputed Presidential immunity

Try again.

Posted by ell_13
Member since Apr 2013
87962 posts
Posted on 1/23/25 at 10:16 pm to
quote:

Legislative intent is irrelevant
Then how is this currently applied to diplomats and no one else if intent isn’t relevant? You have yet to answer that. You talk about it being applied to diplomats because that’s how it was understood at the time. Then you say you’re a textualist. You’re talking out of both sides of your mouth. You’re being a hypocrite.
This post was edited on 1/23/25 at 10:18 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476168 posts
Posted on 1/23/25 at 10:17 pm to
quote:

But legality didn't exist per slow fanni

In the way we understand the terms, that started with the 1920s (Quota Law and Immigration Act).
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79393 posts
Posted on 1/23/25 at 10:18 pm to
quote:

False. If you are a textualist as you claim, then the jurisdiction piece wouldn’t only apply to diplomats as it currently does. It would apply to anyone here temporarily: people visiting on vacation, people here illegally,


are people here illegally here temporarily if they don’t intend to leave?

the idea that they have an allegiance to a foreign sovereign relies heavily on them wanting to still be citizens of that country.

something Tourists, Diplomats, and Native american have in common.
Posted by Vacherie Saint
Member since Aug 2015
47536 posts
Posted on 1/23/25 at 10:19 pm to
quote:

The concept of "being here illegally" did not exist at the time.


This is an incredibly stupid take. Of course it was. Post-revolutionary migration was always legally sanctioned and controlled at the state or territorial level. But the issue isn’t necessarily who is here illegally, but what constitutes citizenship.
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