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re: Trump to sign Executive Order ending birth right citizenship for kids of illegals on Day 1

Posted on 11/7/24 at 9:43 am to
Posted by TiderTom
Pleasant Grove
Member since Apr 2011
488 posts
Posted on 11/7/24 at 9:43 am to
I believe he can win this. Birthright citizenship was never meant to be a thing
Posted by Melkor
Member since Sep 2022
218 posts
Posted on 11/7/24 at 9:45 am to
He most certainly can do this because there is no such thing as 'birth right citizenship' as most leftist define it. The entire idea is a twisted interpretation of the clause that the child of a citizen is also US citizen, which is then twisted and applied to any child born in the US (which is just stupid / on par for dems).

IOW, he can do this because there is no such thing. Citizenship is only granted at birth to children of citizens.
Posted by Kjnstkmn
Vermilion Parish
Member since Aug 2020
21926 posts
Posted on 11/7/24 at 9:49 am to
It has always been an ambiguous constitutional interpretation.

They will fight it, it will go to our based Supreme Court where hopefully the ruling will spell out that the old policy was unconstitutional all along and then future presidents won’t have the option to reinstate it without a constitutional amendment.
Posted by DMAN1968
Member since Apr 2019
13263 posts
Posted on 11/7/24 at 9:53 am to
quote:

If he wants to be serious about border crossings that and revoking asylum coupled with severe penalties to businesses that hire illegals would do it. I don’t see a wall or the “back to Mexico” thing being serious attempts.

Do. It. All.
Posted by MFn GIMP
Member since Feb 2011
23008 posts
Posted on 11/7/24 at 9:54 am to
Yea, this is unconstitutional but I like the fight. It will absolutely go to the Supreme Court and will hopefully set the ground for an amendment to clarify the clause of the 14th amendment that allows this.
Posted by Sweep Da Leg
Member since Sep 2013
3695 posts
Posted on 11/7/24 at 9:57 am to
quote:

precidence


I agree with you except for this spelling. Precedent
Posted by Doctor B
Member since Jul 2024
1646 posts
Posted on 11/7/24 at 9:59 am to
Trump might get reversed on this by courts, but it seems like a win/win. Even if he can't outright do this, make all the Dem funding arms and NGO schmucks spend time and money fighting it.
Posted by Quidam65
Q Continuum
Member since Jun 2010
20515 posts
Posted on 11/7/24 at 10:01 am to
It would require a Constitutional amendment, see 13th Amendment
Posted by Salviati
Member since Apr 2006
7724 posts
Posted on 11/7/24 at 10:01 am to
Trump does not have to sign an Executive Order to test the boundaries of birthright citizenship. He can simply have a federal district attorney prosecute an anchor baby for violation of a law that would not apply to a citizen.
Posted by Da Sheik
Mar a Lago
Member since Sep 2007
9283 posts
Posted on 11/7/24 at 10:07 am to
Thanks spell check
Posted by jp4lsu
Member since Sep 2016
6795 posts
Posted on 11/7/24 at 10:19 am to
Forget the EO because those can be changed and nullified.
Send it congress and that alone with nothing else attached. The people would be behind it.
Posted by mtntiger
Asheville, NC
Member since Oct 2003
29730 posts
Posted on 11/7/24 at 10:22 am to
Congress long ago stopped doing its job.

When was the last time an actual budget was passed?
Posted by Salviati
Member since Apr 2006
7724 posts
Posted on 11/7/24 at 10:38 am to
quote:

IIRC birthright citizenship is based on a SOTUS footnote from a case in the late 1800s concerning a Chinese immigrant and a bastardized interpretation of the Civil War Amendments (specifically the 14th). I forget the details.

The bottom-line "birthright citizenship" has not been fully legally vetted and challenged all the way to SCOTUS as a single issue...just kind of accepted.
Your memory is pretty good, but your conclusion is off. In United States v. Wong Kim Ark, the SCOTUS fully examined birthright citizenship under the Fourteenth Amendment. While the facts for Wong Kim Ark are better than the facts for many anchor babies, the legal analysis will be the same. Moreover, originalists and textualists will have difficulty overturning the case because the SCOTUS examined the meaning and use of "and subject to the jurisdiction thereof" at and prior to the founding of this country. Specifically, the phrase was meant to exclude only: (1) children born of alien enemies in hostile occupation, and (2) children of diplomatic representatives of a foreign State:
quote:

The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases -- children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State -- both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. Calvin's Case, 7 Rep. 1, 18b; Cockburn on Nationality, 7; Dicey Conflict of Laws, 177; Inglis v. Sailors' Snug Harbor, 3 Pet. 99, 28 U. S. 155; 2 Kent Com. 39, 42.
U.S. v. Wong Kim Ark, 169 U.S. 649, 683 (1898)

Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
38060 posts
Posted on 11/7/24 at 10:39 am to
We have to stop this before I fap my hoyner to dust.
Posted by ItNeverRains
Offugeaux
Member since Oct 2007
28166 posts
Posted on 11/7/24 at 10:46 am to


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477249 posts
Posted on 11/7/24 at 10:48 am to
quote:

United States v. Wong Kim Ark, the SCOTUS fully examined birthright citizenship under the Fourteenth Amendment. While the facts for Wong Kim Ark are better than the facts for many anchor babies, the legal analysis will be the same. Moreover, originalists and textualists will have difficulty overturning the case because the SCOTUS examined the meaning and use of "and subject to the jurisdiction thereof" at and prior to the founding of this country. Specifically, the phrase was meant to exclude only: (1) children born of alien enemies in hostile occupation, and (2) children of diplomatic representatives of a foreign State:


Yeah this isn't some "feeling" or "leftist interpretation" it's pretty settled law that is going to be difficult for textualists to overcome.

The court is going to have to reverse precedent of almost 150 years
Posted by John Barron
The Mar-a-Lago Club
Member since Sep 2024
17101 posts
Posted on 11/7/24 at 10:51 am to
quote:

I am not sure he has that authority.


Since the Supreme Court ruling. You are about to find out what a real President looks like. Not one handcuffed by the deep state
This post was edited on 11/7/24 at 10:53 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477249 posts
Posted on 11/7/24 at 10:52 am to
quote:

Since the Supreme Court ruling.


Which Supreme Court Ruling?

You mean the one that reversed Chevron, which specifically strips power from the executive in these sorts of moves?
Posted by TiderTom
Pleasant Grove
Member since Apr 2011
488 posts
Posted on 11/7/24 at 10:57 am to
Perhaps you’re right. But my reading of some of these things leads me to believe that they were clear, and that citizenship was only granted by being naturalized or being born of two natural born citizens. The 14th was created so that slaves could be naturalized and their children were natural born citizens. I believe a challenge to this can be won.
This post was edited on 11/7/24 at 10:59 am
Posted by Adajax
Member since Nov 2015
8674 posts
Posted on 11/7/24 at 11:00 am to
quote:

I am not sure he has that authority. I have no objection, I just thought it would require act of congress.


Silly guy. Congess doesn't pass laws anymore. It's simply there for show since 2008.
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