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re: Reagan era judges shoots down Trump 14th amendment EO

Posted on 1/23/25 at 4:24 pm to
Posted by evil cockroach
27.98N // 86.92E
Member since Nov 2007
9168 posts
Posted on 1/23/25 at 4:24 pm to
quote:

You need lower level courts to reject so it goes to the SC.
why do you want to want Trump to lose 9-0?
Posted by BillyBobfan24_7
R.I.P. SGT Nelson
Member since May 2004
18539 posts
Posted on 1/23/25 at 4:25 pm to
quote:

What do the Founders have to do with this?


The founders of the amendment? Did you think he said founding fathers?
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79424 posts
Posted on 1/23/25 at 4:29 pm to
quote:

The founders of the amendment? Did you think he said founding fathers?


Yes because we don’t call people who draft amendments “the founders”
Posted by Big Scrub TX
Member since Dec 2013
39847 posts
Posted on 1/23/25 at 4:33 pm to
quote:

this is the equivalent of a liberal president issuing an executive order saying the 2nd amendment really only applies to organized militia.
And then claiming it's a big question now.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:24 pm to
quote:

Congress has plenary power over naturalization.


You just confirmed what I said.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65745 posts
Posted on 1/23/25 at 5:25 pm to
quote:

Harry Boutte


You're really having a hard time in this thread huh?

You went from talking about how Obama, Biden, and Trump aren't in the top 10 of executive orders.

When it was countered that number of EOs isn't the same as substance of EOs, you then countered with an EO from a president who isn't in the top 10 of executive orders (thus countering your own original argument).

When it was pointed out that the order you highlighted was issued at the direction of Congress (a decidedly NOT-tyrannical thing to do) and then rescinded immediately after the bill expires, you then shifted your argument further.

Do you have a consistent point, or is your goal to make yourself look like an idiot who can't stick with a discussion long enough to defend his own arguments?
This post was edited on 1/23/25 at 5:26 pm
Posted by Taxing Authority
Houston
Member since Feb 2010
63288 posts
Posted on 1/23/25 at 5:27 pm to
quote:

That's the plan. You need lower level courts to reject so it goes to the SC.
Posted by TigersHuskers
Nebraska
Member since Oct 2014
15523 posts
Posted on 1/23/25 at 5:28 pm to
I love diwnvoting slowflowdouche
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:31 pm to
quote:

Yeah. It was a shitty decision. We already know that.


Why do you continue to embarrass yourself in these threads?
Posted by Taxing Authority
Houston
Member since Feb 2010
63288 posts
Posted on 1/23/25 at 5:31 pm to
quote:

why do you want to want Trump to lose 9-0?
I'm not even sure SCOTUS would take up the case. Which justice has the circuit assignment here?
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
76438 posts
Posted on 1/23/25 at 5:32 pm to
Lots going on. You are choosing very carefully I see.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:32 pm to
quote:

. They did that with the 14th amendment and then a court purposefully pretended to not know what they meant by “subject to the jurisdiction.”

Incorrect.

quote:

You can be fine with destroying the country through illegal immigration while trying to get angels to dance on the head of a pin. Some other people will take action to help keep the country a going concern.

I never took you for a Leftist, but you've chosen an in-group and their side, so the hypocrisy is expected.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79424 posts
Posted on 1/23/25 at 5:33 pm to
lol this was decided in the 1800s.

You want judges to ignore the law and when they don’t you cry about corruption.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:34 pm to
quote:

The proper understanding of the Citizenship Clause therefore turns on what the drafters of the amendment, and those who ratified it, meant by “subject to the jurisdiction thereof.”


quote:

The greatest defect of legislative history is its illegitimacy.


-Scalia

Of all the 180s I've seen on this board, turning on Scalia may be the most shocking.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:35 pm to
quote:

I often wonder if these dudes in 1866 had any inkling that crossing the American border without permission would one day be a crime.


This is the "The Founders drafted the 2A for muskets" argument.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:35 pm to
quote:

I said it needed to be looked at in terms of factors that simply did not exist at the time.


This is LITERALLY the "Living Constitution" analysis.
Posted by hogcard1964
Alabama
Member since Jan 2017
19762 posts
Posted on 1/23/25 at 5:35 pm to
quote:

My personal opinions or "hope" have no part in that analysis


Shut up

You've never analyzed anything in your life.

The only thing about an analysis you're aware of is the "anal" portion.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:36 pm to
quote:

What do you think about what Jacob Howard said when he introduced the 14th amendment to congress?


I believe in textualism, like Scalia and Thomas, so this is irrelevant to me
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:37 pm to
quote:

Not as interpreted by the people who, you know, wrote the 14th Amendment.


quote:

The greatest defect of legislative history is its illegitimacy. We are governed by laws, not by the intentions of legislators.


-Scalia

quote:

"we are a government of laws, not of men, and are governed by what Congress enacted rather than by what it intended." And "it would be a strange canon of statutory construction that would require Congress to state in committee reports … that which is obvious on the face of a statute.


-Clarence Thomas
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476560 posts
Posted on 1/23/25 at 5:38 pm to
quote:

you take "subject to our jurisdiction" now and how we think of it... you think of, you here so you are under our jurisdiction and have to obey.


Only because of Wong Kim Ark, which was ruled in 1898. This was based off hundreds of years of established English common law.

This isn't some new concept that came about in modernity.
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