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re: Supreme Court Live re Birthright Citizenship and Nationwide Injunctions

Posted on 5/17/25 at 12:25 pm to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477056 posts
Posted on 5/17/25 at 12:25 pm to
quote:

Birthright citizenship was never a thing to begin with, why should it be now?

Now?

Birthright citizenship has been a concept for centuries, and even prior to WKA and the 14A it was settled in many states. Post-WKA has been almost 130 years, mind you. More than half the age of our nation.

quote:

On its face it makes ZERO logical sense to allow any foreigner who pops out of their mother’s vagina citizenship to the United States of America.

It hasn't been absurd for almost 130 years, and we've built much more case law, statutory law, and administrative law around that concept without much friction, if any.

Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 5/17/25 at 12:51 pm to
quote:

Birthright citizenship was never a thing to begin with, why should it be now?


it was always a thing.

Immigrants came to america.
their kids could vote.

quote:

On its face it makes ZERO logical sense to allow any foreigner who pops out of their mother’s vagina citizenship to the United States of America.


it make perfect sense to a bunch of colonists who just formed a country by doing that and has ambitions to continue expanding said country.

and I am not trying to use colonist pejoratively here.
This post was edited on 5/17/25 at 12:52 pm
Posted by baldona
Florida
Member since Feb 2016
24213 posts
Posted on 5/17/25 at 1:01 pm to
quote:

it was always a thing.

Immigrants came to america.
their kids could vote.


LEGAL immigration was a thing. LEGAL immigrants giving birth.

Read about places like Ellis Island, we literally accepted people and turned away pregnant women at times because they wouldn't be a producer but a consumer.

Posted by baldona
Florida
Member since Feb 2016
24213 posts
Posted on 5/17/25 at 1:03 pm to
quote:

Birthright citizenship has been a concept for centuries, and even prior to WKA and the 14A it was settled in many states. Post-WKA has been almost 130 years, mind you. More than half the age of our nation.


Absolutely, to people that by and far were welcomed or allowed here legally.

The main difference is the vast amount of people that have broke into our country unregistered and illegally.

That's never been an issue in the past and NEVER allowed. We have literally turned away legal immigrants in the 1900s.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477056 posts
Posted on 5/17/25 at 1:10 pm to
quote:

LEGAL immigration was a thing. LEGAL immigrants giving birth.


The concept of "legal immigration" came decades after WKA.
Posted by Warfox
B.R. Native (now in MA)
Member since Apr 2017
3833 posts
Posted on 5/17/25 at 1:42 pm to
quote:

It hasn't been absurd for almost 130 years, and we've built much more case law, statutory law, and administrative law around that concept without much friction, if any.


Doesn’t make it right. We also didn’t have hordes of illegals invading and hotels for wealthy Chinese to pop out babies in.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477056 posts
Posted on 5/17/25 at 1:47 pm to
quote:

Doesn’t make it right.

The "friction" referenced in my post was directed at this.

Most everyone agrees it is the correct reading and is "right", and have for almost 130 years.

quote:

We also didn’t have hordes of illegals invading and hotels for wealthy Chinese to pop out babies in.

The Constitution has an amendment process to change as society changes.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/17/25 at 1:54 pm to
quote:

it was always a thing. Immigrants came to america. their kids could vote.


This isn’t true for all of our history.
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 5/17/25 at 3:54 pm to
quote:

but they are subject to our jurisdiction.


They are also subject to their homelands jurisdiction , which goes to the original intent which was to distinguish sovereignty.

Textualism is almost as retarded as living document.
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 5/17/25 at 3:55 pm to
quote:

The Constitution has an amendment process to change as society changes.


Or we could just reject retarded jurisprudence.

But you're so emotionally invested in the retard oligarchy protecting you from scary Christians that you will defend absurdity.
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 5/17/25 at 4:48 pm to
quote:

Textualism is almost as retarded as living document.


Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 5/17/25 at 5:39 pm to
quote:

They are also subject to their homelands jurisdiction , which goes to the original intent which was to distinguish sovereignty.


No it’s to distinguish children born of armed combatants
and diplomats and another HUGE population of native americans.

Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/17/25 at 5:40 pm to
quote:

No it’s to distinguish children born of armed combatants and diplomats and another HUGE population of native americans.


Oh. So Indians were born here but weren’t “subject to the jurisdiction.”
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 5/17/25 at 5:47 pm to
quote:

Oh. So Indians were born here but weren’t “subject to the jurisdiction.”


You think we could trail of tears citizens?
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 5/17/25 at 6:41 pm to
And yet we still tried them for crimes. Not all the time, mind you. Just when it seemed the right thing to do.
Posted by dafif
Member since Jan 2019
8436 posts
Posted on 5/17/25 at 6:45 pm to
quote:

1. That portion of WKA requires more than just that


So, hypothetically, we are in a declared war and we capture a female who happens to be pregnant and gives birth on us soil - that child is a us citizen? You going with that?
Posted by dafif
Member since Jan 2019
8436 posts
Posted on 5/17/25 at 9:35 pm to
quote:

Post/partial birth abortions don't change the analysis of KWA, and the case answers your other issues.


So you are saying that a child born is a citizen but can be terminated by the parents. seems like some very twisted logic...
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477056 posts
Posted on 5/18/25 at 6:02 am to
That would be murder of a US citizen
Posted by Dandy Chiggins
Member since Jan 2021
796 posts
Posted on 5/18/25 at 7:53 am to
Here we go with the Wong Kim Ark stuff again.
WKA isn’t the legal precedent.

While I agree that official “legal immigration” came later; the Parents were still here legally. They were allowed to be here via Burlingame treaty and were legally domiciled in the US. In modern day context basically a “work visa”. Even if we concede they were simply here and that legal immigration came later, then fine; they were just “here”. But they certainly weren’t here ILLEGALLY.

Fast forward to 2025 we DO have immigration laws and children are born to immigrants who are here ILLEGALLY.
The parents broke laws to be here; and are currently on US soil ILLEGALLY.

Thus WKA isn’t relevant. We’re not asking about a British CEO’s son born while he’s here on a 6 year work Visa. We’re not even asking about the Children of parents who are of uncertain legal status;
We’re specifically talking about the children of parents who broke laws to be here and are currently here illegally. Unlike WKA.

Maybe SC won’t care; but I think the question needs to be answered.


Posted by dafif
Member since Jan 2019
8436 posts
Posted on 5/18/25 at 9:06 am to
Along the same path as you have taken for example Florida to be a resident or domicile requires you to follow certain laws all of which require you to be in the state of Florida legally

I think it is an argument that you are not subject to the laws of the state of Florida if you are not domicile or a resident of the state

and by laws I mean the benefit not the punitive ones
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