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re: Primer on US Citizenship, with an Emphasis upon Birthright Citizenship

Posted on 10/31/18 at 2:02 pm to
Posted by Loserman
Member since Sep 2007
23151 posts
Posted on 10/31/18 at 2:02 pm to
quote:

How dat dic tate?


Leaves you open for the following reply/s...

According to your...

Mom
Sister
Wife
Girlfriend
Daughter

It tastes good!


Posted by Smart Post
Member since Feb 2018
3539 posts
Posted on 10/31/18 at 2:02 pm to
Seriously, I tend to agree with you about the courts limiting any challenge to the narrower question.

I also believe this exposes the complete lack of will by Congressional Republicans to do anything about it, which is why I sort of hope they lose the House. They are riding the Trump coattails and expecting people to vote for them, when they have no intention of furthering Trump's agenda.

It wouldn't break my heart one bit to see Pete Sessions sent packing, for instance. Trump is temporary (it pains me to say), so it's best to burn it to the ground as quickly as possible, then pick up the pieces.
This post was edited on 10/31/18 at 2:05 pm
Posted by BigJim
Baton Rouge
Member since Jan 2010
15073 posts
Posted on 10/31/18 at 2:04 pm to
quote:

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;


Wouldn't this be the hurdle to an Executive Order reinterpretation?
Posted by CU_Tigers4life
Georgia
Member since Aug 2013
9408 posts
Posted on 10/31/18 at 2:06 pm to
Jacob Howard, one of the principle architects of this amendment was pretty clear in it’s original intent:

..“Every person born within the limits of the United State, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person”

It really doesn’t get much clearer than that. Part of what SCOTUS is supposed to do is looking into the original intent of the law. They refer to the Federalist Papers frequently as an example to dig for the intent of certain laws.

Should this go to SCOUTUS and they rule in favor of “Anchor Babies” being unconstitutional, Congress and the President would have to do some type of Grandfather clause to recognize everyone in the past that benefited from this. They can have their citizenship revoked.
This post was edited on 10/31/18 at 2:07 pm
Posted by MizzouBS
Missouri
Member since Dec 2014
6883 posts
Posted on 10/31/18 at 2:06 pm to
Waste of time. It will never happen. Just a way of energizing his base and change the news cycle.

There are so many things that needs to be discussed. Birthright citizenship isn’t even in the top 100
Posted by geaux88
Northshore, LA
Member since Oct 2003
16355 posts
Posted on 10/31/18 at 2:08 pm to
Save some of us some research, and tell us what is your opinion on whether or not a baby who squirts out through the birth canal of a foreign national that is here ILLEGALY should be granted citizenship or not?

Any sane rational person of course says NOT.

Another point, even iF POTUS gets shot down by SCOTUS, and obviously the prog filth would prevent either house or senate from a 2/3rds vote for a Constitutional Amendment, there is STILL the option of promoting a 2/3rds State legislature majority calling for a constitutional convention....that is a real possibility, even in today's climate.... Look at all the Red in Electoral maps, and number of States that are red....except for a few coastal outliers, over two thirds of state legislatures can make it happen, and the population advantage of NY, CA, etc wouldn't make a difference.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 2:15 pm to
quote:

Jacob Howard, one of the principle architects of this amendment was pretty clear in it’s original intent:
yes, this has been mentioned in absolutely every thread regarding interpretation of the 14th. That, however, is not what this thread is about.

As an aside, however, the current court is composed of people who lean much more toward textualism and strict construction than “originalist.“ I think it is unlikely that the issue of “original intent“ will be reached even by a majority conservative Court, unless they find the existing language of the 14th amendment to be ambiguous. I think that is unlikely.
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 10/31/18 at 2:19 pm to
quote:

Fascinating. Please expound upon how this assertion relates to my post.


Sure. You assert that an EO would be illegal. Your words:

quote:

SCOTUS would likely rule on the much narrower issue of whether the President can issue an executive order in direct contradiction of an existing statue.


The President is over the executive branch. The USCIS is a part of the Dept of Homeland Security.

An EO is a presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty. That's legally speaking.

The president's power to issue executive orders comes from Congress and the U.S. Constitution.


He has the right to interpret federal statute and direct the executive to enforce and how to enforce the statute.


It's the job of the SCOTUS to agree with or push back against that interpretation. They can not agree with him and the content of the EO be wrong. They can not disagree with him and the content that is wrong not be addressed.


This post was edited on 10/31/18 at 2:25 pm
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
13556 posts
Posted on 10/31/18 at 2:20 pm to
quote:

There are so many things that needs to be discussed. Birthright citizenship isn’t even in the top 100

Completely disagree. These births make up 7.5 percent of all births. This is not a small amount. Over the course of a couple generations this will have catastrophic consequences.

Now there are other ways to stop this but it is certainly in the top 100 problems facing this country especially factoring in the tremendous job decimation on the horizon due to automation.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 2:34 pm to
Yes, it is within the purview of the executive branch to enforce the law. If the executive branch issues and executive order which is directly contrary to the language of the statute he is statutorily bound to enforce, the court will overturn that executive order. This is not complex stuff.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
89024 posts
Posted on 10/31/18 at 2:43 pm to
You sure seem to have an awful lot of time on your hands.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 2:48 pm to
quote:

You sure seem to have an awful lot of time on your hands.
Working on the ranch today. Moving round bales from the meadow to the hay yard. Basically nothing to do but read or dictate, except when loading a bale or unloading. Beats the old days, when the only option was listening to the radio
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 10/31/18 at 2:55 pm to
quote:

Should this go to SCOUTUS and they rule in favor of “Anchor Babies” being unconstitutional, Congress and the President would have to do some type of Grandfather clause to recognize everyone in the past that benefited from this. They can have their citizenship revoked.
The SCOTUS is unlikely to decide that anchor babies are unconstitutional, but they may decide that they aren’t afforded the automatic constitutional right, and can be excluded or included under federal law.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 10/31/18 at 2:59 pm to
quote:

The statue define “subject to the jurisdiction“, which is really the crux of this entire constitutional question. As such, the statute does something which the 14th amendment does not do


Where is this defined?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138873 posts
Posted on 10/31/18 at 3:08 pm to
quote:

regarding birthright citizenship, there is a statute on the books
Link?
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 3:10 pm to
Statute, including the definitions, was linked and one of the other threads
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 10/31/18 at 3:16 pm to
quote:

Every person born within the limits of the United State, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States WHO ARE FOREIGNERS, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person”





Looks pretty clear cut to me(for SCOTUS).
This post was edited on 10/31/18 at 3:17 pm
Posted by Smart Post
Member since Feb 2018
3539 posts
Posted on 10/31/18 at 3:17 pm to
quote:

Working on the ranch today.

You must be in the Texas Panhandle or in the Rio Grande Valley, because the rest of the state is getting soaked by a turd-floating rain.

If you're in the Panhandle, congrats on living in a ruby-red county
This post was edited on 10/31/18 at 3:20 pm
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 10/31/18 at 3:23 pm to
We have just had five dry days after two weeks of rain. Cut, tedded, raked and baled in that window.

The storms that are blowing across the state are supposed to hit here at about 5 PM. I’m trying to get all the hay off the field before the rain arrives. I have already moved almost 100 round bales. I will not get them all moved, because I still have more than 50 on the field.
This post was edited on 10/31/18 at 9:40 pm
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138873 posts
Posted on 10/31/18 at 3:27 pm to
quote:

Statute, including the definitions, was linked and one of the other threads
There have been about 30 threads. I've not seen anything here or elsewhere regarding a statute guaranteeing birthright citizenship for all. If that statute exists, I don't believe it does, then Trump's EO would be off-the-table.
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