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re: Trump asks Supreme Court to review ban on birthright citizenship

Posted on 3/13/25 at 4:57 pm to
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
49543 posts
Posted on 3/13/25 at 4:57 pm to
quote:

Jump a wall and fart out a kid on US soil and it’s a citizen?

That sounds retarded because it’s retarded.

I don;t like it -but I would like to see the whole concept clarified =

for instance, the "citizenship of the baby" should NOT be a factor in whether or not the parent(s) get to stay in the country.

THEY have to go back just as they would if no child was involved.

Now they are perfectly encouraged to take their newborn with them (cannot have 'separating families' now can we) OR they can provide for someone to care for the feeding and upbringing of the baby - NOT the US taxpayer.
Posted by LSUbest
Coastal Plain
Member since Aug 2007
16488 posts
Posted on 3/13/25 at 5:20 pm to
He should ask them to review making their decision retroactive to 1900.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/13/25 at 5:20 pm to
CB, that is not unreasonable.
Posted by Crimson
Member since Jan 2013
1858 posts
Posted on 3/13/25 at 5:26 pm to
quote:

The language in question was ratified more than 150 years ago, by the usual processes.



Well…… the ratification of the 14th amendment is a pretty interesting history.

Holding states hostage by disallowing representation in congress in order to pass an Amendment is hardly “usual process”. Neither is military occupation of state legislatures.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/13/25 at 5:31 pm to
Meh. I am SCV. The southern states seceded. Can’t have it both ways. The Yankees were entitled to set the terms for re-admission.
This post was edited on 3/13/25 at 5:32 pm
Posted by Crimson
Member since Jan 2013
1858 posts
Posted on 3/13/25 at 5:39 pm to
To the victor go the spoils. Agreed.

But the 14th Amendment was not a “usual process” nor did it accurately reflect the will of the people who are the Sovereign in this country sufficient to amend our Constitution without duress.

The Southerners were rightly considered fellow citizens after the war ended. Their elected representatives voted against it - interestingly AFTER they had ratified the 13th Amendment and BEFORE the Reconstruction Acts.
Posted by TiptonInSC
Aiken, SC
Member since Dec 2012
21217 posts
Posted on 3/13/25 at 5:41 pm to
quote:

Friendly Satan


Posted by Macavity92
Member since Dec 2004
6349 posts
Posted on 3/13/25 at 6:29 pm to
Gorsuch and Thomas are locks. Gorsuch has stated that he wants this very issue before the court.

I would not be surprised with a 6-3 victory for the administration because it would likely force these challenges to DC and reduce the forum shopping we have been witnessing.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82420 posts
Posted on 3/13/25 at 6:41 pm to
I give it a 50/50 shot.

I find the arguments against to be credible but decades of tradition maybe too much to overcome.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
76527 posts
Posted on 3/13/25 at 6:43 pm to
Same
Posted by cajunangelle
Member since Oct 2012
167571 posts
Posted on 3/13/25 at 6:49 pm to
I thought this was settled already?
Posted by Knight of Old
New Hampshire
Member since Jul 2007
13074 posts
Posted on 3/13/25 at 6:55 pm to
This matter needs further litigation; that is irrefutable.

Predicting its outcome before the SC is a fool’s errand, as demonstrated by the many whose wildest imaginings could not bring them the robed credential after which they so impotently lust…
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/13/25 at 7:12 pm to
quote:

I give it a 50/50 shot. I find the arguments against to be credible but decades of tradition maybe too much to overcome.
95:5, if that much.

One, maybe two, SCOTUS Justices will be willing to ignore the plain language of the Constitution to support Trump.
This post was edited on 3/13/25 at 7:18 pm
Posted by Crimson
Member since Jan 2013
1858 posts
Posted on 3/13/25 at 7:33 pm to
quote:

One, maybe two, SCOTUS Justices will be willing to ignore the plain language of the Constitution to support Trump.


The only play is to have them narrowly define “subject to the jurisdiction” - meaning not owing allegiance to another power.

A citizen of Mexico is entitled to partial jurisdiction here but not citizenship (complete jurisdiction) by way of being on our soil.

Posted by TenWheelsForJesus
Member since Jan 2018
11394 posts
Posted on 3/13/25 at 9:56 pm to
quote:

The question is “what does the Constitution say,” and it takes a VERY strained reading to come up with anything other than “birthright citizenship”


This is simply false. The guy who wrote the amendment literally said it wasn't for illegal aliens. How much clearer can it be? It's you lawyers straining all logic and common sense to think the 14th Amendment applies to anyone but former slaves and the children of citizens.

Wong doesn't give citizenship to illegal aliens, either, despite the many vain attempts to convince people it does.
Posted by TenWheelsForJesus
Member since Jan 2018
11394 posts
Posted on 3/13/25 at 10:06 pm to
quote:

You can either be a Textualist or a Democrat. Sometimes the text just does not produce what you consider to be the “best policy.“


One of the biggest problems with this country, and probably humans in general, is the incessant need to do stupid things because it's written somewhere that we should do stupid things. It shows how many people are just mindless sheep.

Whether it was a rule, a law, an understanding, I've never followed something stupid simply because I was expected to and the majority of people did. Lawyers are a big reason we can't get by on common sense, though. They are snakes always looking to make a buck at someone else's expense, even if it's bad for the entire country. Get rid of lawyers and brainless idiots and our country will be well on its way to healing.
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