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"The SC got it right per the 14th"

Posted on 6/30/26 at 1:54 pm
Posted by stout
Porte du Lafitte
Member since Sep 2006
183571 posts
Posted on 6/30/26 at 1:54 pm
The framers of the 14th would disagree



"This will not, of course, include persons born in the United States who are foreigners, aliens..."


Posted by imjustafatkid
Alabama
Member since Dec 2011
66521 posts
Posted on 6/30/26 at 1:55 pm to
quote:

The framers of the 14th would disagree


People who can read the actual text would also disagree.
Posted by leeman101
Huntsville, AL
Member since Aug 2020
2694 posts
Posted on 6/30/26 at 1:58 pm to
It should have been worded in more detail yet they did not know the SCOTUS in 2026 has idiots on it.
Posted by stout
Porte du Lafitte
Member since Sep 2006
183571 posts
Posted on 6/30/26 at 2:00 pm to
That argument seems like semantics when the framers literally tell you in black and white their intentions. There is no interpreting that any differently, and it should squash any doubt as to what their goal was with the 14th.
Posted by Champagne
Sabine Free State.
Member since Oct 2007
55677 posts
Posted on 6/30/26 at 2:05 pm to
quote:

That argument seems like semantics when the framers literally tell you in black and white their intentions. There is no interpreting that any differently, and it should squash any doubt as to what their goal was with the 14th.


I agree that when we apply common sense to our approach of discerning the legislative intent of the Amendment, it seems more likely than not that Birthright Citizenship was not intended.
Posted by Ailsa
Member since May 2020
10090 posts
Posted on 6/30/26 at 2:18 pm to
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quote:

REID: "If making it easy to be an illegal alien isn't enough, how about offering a REWARD for being an illegal immigrant? No same country would do that, right?!"

"Guess again. If you break our laws, by entering this country without permission to give birth to a child, we reward that child with US citizenship and guarantee a full access to all public and social services this society provides. And that's a lot of services."

"Is it any wonder that two-thirds of the babies born at taxpayer expense in country, county-run hospitals in Los Angeles are born to illegal alien mothers?!"
Posted by Marshhen
Port Eads
Member since Nov 2018
1062 posts
Posted on 6/30/26 at 2:19 pm to
quote:

People who can read the actual text would also disagree.


I didn’t read the text. How is the OP incorrect? That looks pretty obvious to me, but I have not looked into this all that much like you have
Posted by Ailsa
Member since May 2020
10090 posts
Posted on 6/30/26 at 2:20 pm to
Posted by TDFreak
Coast to Coast - L.A. to Chicago
Member since Dec 2009
9361 posts
Posted on 6/30/26 at 2:21 pm to
I wish the Framers had included a sunset clause on birthright citizenship of 100 years after ratification of the Constitution.

The US could have granted full citizenship to all resident slaves via an Amendment.

The country is lost.
Posted by HurricaneTiger
Coral Gables, FL
Member since Jan 2014
3242 posts
Posted on 6/30/26 at 2:22 pm to
Just wait till you see the reasoning for the Wickard v. Filburn decision that expanded the commerce clause.
Posted by Ailsa
Member since May 2020
10090 posts
Posted on 6/30/26 at 2:22 pm to
Posted by Gator5220
Member since Aug 2010
5121 posts
Posted on 6/30/26 at 2:23 pm to
It's so simple. Only Americans can give birth to an American.

You can become an American in other ways, but not by birth.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
140032 posts
Posted on 6/30/26 at 2:23 pm to
quote:

COLONIZED
COLON-IZED
Posted by JimEverett
Member since May 2020
2517 posts
Posted on 6/30/26 at 2:30 pm to
quote:

I didn’t read the text. How is the OP incorrect? That looks pretty obvious to me, but I have not looked into this all that much like you have


Maybe the argument is that Senator Howard was discussing foreigners,aliens that belong to the families of ambassadors or foreign ministers . . .


That would square it away with the SCOTUS decision closest in time to its adoption.

Also, were the terms "foreigner" and "alien" even applied to, say, a person who wandered across the border or who crossed the sea to live here in 1866? I have a hunch that it was not common practice to call them that. Such seemed to be a later use of he term, although I really do not know.

Posted by Ailsa
Member since May 2020
10090 posts
Posted on 6/30/26 at 2:31 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
66521 posts
Posted on 6/30/26 at 2:34 pm to
quote:

I didn’t read the text. How is the OP incorrect? That looks pretty obvious to me, but I have not looked into this all that much like you have


I'm agreeing with the OP.
Posted by LawTalkingGuy
Member since Mar 2025
269 posts
Posted on 6/30/26 at 2:37 pm to
quote:

"This will not, of course, include persons born in the United States who are foreigners, aliens..."


You are leaving off the rest of his sentence.

The quote clearly says: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of anbassadors or foreign ministers"

He wasn't saying the amendment excluded ALL foreigners and aliens. He clearly said it excluded foreigners who were family members of ambassadors. The children of other "foreigners, aliens" were included as citizens.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23310 posts
Posted on 6/30/26 at 2:42 pm to
Copying my post from the other thread here since the argument is in the OP rather than halfway through the thread:

People keep posting Howard's quote, but the Court addressed it very well in the majority opinion today. His quote was part of a floor debate in the Senate and was refuted by multiple other senators during the writing of the amendment. There's a reason the text of the 14th amendment doesn't say "and no children of foreigners!" Look at the other quotes from the Senate debate:







The framers weren't dumb. They knew what the wording meant and moved forward anyway.

There are even more citations from the March 1866 Congressional debate that these are pulled from if you'd like.
Posted by Ailsa
Member since May 2020
10090 posts
Posted on 6/30/26 at 2:49 pm to
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quote:

“American citizenship is not the birthright of the world.”

“It belongs only and solely to Americans. No provision of the Constitution can be read to require our national self-obliteration.”
Posted by BTROleMisser
Murica'
Member since Nov 2017
15062 posts
Posted on 6/30/26 at 2:56 pm to
Roberts and ACB just proved that TDS never-Trumpers hate Trump more than they love their country.
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