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re: Why Trumpsigned EO to end birthright citizenship

Posted on 1/22/25 at 7:43 am to
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 1/22/25 at 7:43 am to
quote:

Then why did they have a trial for Laken Riley’s killer. They should have just shipped his arse to Guantanamo. Oh that’s right. He was subject to our jurisdiction.


Pretty sure they’ll mention where their origin is in court, because they are not US citizens. They also go to court to present evidence in a case to try them and put that crime on them. We can’t just kick them out where they won’t have that on their record. Many of us think they should have a fast trial and even support execution for heinous crimes and murders.
Posted by i am dan
NC
Member since Aug 2011
30373 posts
Posted on 1/22/25 at 7:44 am to
quote:

Then tell Congress to amend the constitution


I will. You have their phone number or email?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:45 am to
quote:

Why wouldn't his EO be held up?

Under current USSC precedent, it would be illegal.

The Supreme Court will have to overrule a line of decisions starting with Wong Kim Ark, making hypocrites of Thomas, Alito, and Gorsuch in the process (assuming they vote to overturn WKA and its hyper textual and historical analysis).
Posted by Penrod
Member since Jan 2011
51936 posts
Posted on 1/22/25 at 7:45 am to
quote:

Hence why the EO should be held up

I think you accidentally got this right.
Posted by roadGator
Member since Feb 2009
154510 posts
Posted on 1/22/25 at 7:45 am to
Warning. Giving me a compliment is dangerous for your e cred here.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:46 am to
quote:

Their jurisdiction as citizens of other countries isn’t the jurisdiction of our country.


If they're not subject to our jurisdiction, then we can't prosecute them for crimes committed here. Nobody believes or wants that.
Posted by RCDfan1950
United States
Member since Feb 2007
38601 posts
Posted on 1/22/25 at 7:47 am to
Poor immigrants leave their “sh&@hole countries “ and come here for the free government subsidies. Water will seek the easiest path. An honest and compassionate/practical/functional system should reward people according to their contribution into the system. People who game the system making zero contributions (think Biden’s, Obama, McConnell and 2/3 of the DC Cabal of war-profiteering politicians), top to bottom should be cut off. Lest the whole system fail and survival and prosperity goes Darwinian. We can’t fool Mother Nature or God. For long. Only ourselves.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:48 am to
quote:

This part seems to imply born to US citizens.

It does not, and Wong Kim Ark specifically disagrees (as his parents were not US citizens).

quote:

Otherwise what's the point of adding that caveat?

Wong Kim Ark gives you this answer, too.

The main reason is for diplomats. They're not subject to the jurisdiction of the US, so their children born within our borders are not citizens.

The other class isn't really relevant today, but it's for children born in areas occupied by foreign enemies occupying US land. If Children are born there, then they're not US citizens and are citizens of the occupying area.

Since we aren't in any such conflict on our soil and no area is occupied, tihs isn't really relevant. So it's just the diplomat issue.
Posted by roadGator
Member since Feb 2009
154510 posts
Posted on 1/22/25 at 7:48 am to
Should birth right citizenship be made illegal by Congress?
Posted by LB84
Member since May 2016
4358 posts
Posted on 1/22/25 at 7:48 am to
Birthright citizenship should only be a thing when both parents are already citizens at time of birth.
Posted by swamptiger99
Member since Aug 2024
373 posts
Posted on 1/22/25 at 7:49 am to
Roe v. Wade was overturned, why wouldn't this one be?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135416 posts
Posted on 1/22/25 at 7:49 am to
quote:

He just wants to stop the bleeding for as long as he can
My guess is that will be a few days until a leftist judge issues an injunction.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:50 am to
quote:

They also go to court to present evidence in a case to try them and put that crime on them.

If they're not subject to US jurisdiction, no court can try a case against them and no prosecutor can bring charges against them.

We can't "put any crime on them", to use your language.

quote:

. Many of us think they should have a fast trial

Then you think they're subject to US jurisdiction, which means their children born here are citizens.

Can't have a fast trial (or any trial) without having jurisdiction over them.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:50 am to
quote:

Should birth right citizenship be made illegal by Congress?


They'd be only part of the process, as it will take an amendment.
Posted by Night Vision
Member since Feb 2018
18854 posts
Posted on 1/22/25 at 7:51 am to
Posted by OccamsStubble
Member since Aug 2019
8829 posts
Posted on 1/22/25 at 7:51 am to
Then amend.

We’re broke, and can’t afford to support millions because one party needs more votes

Until then, nope.
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
20249 posts
Posted on 1/22/25 at 7:51 am to
quote:

do you see a realistic world where the EO is upheld?

No. But, the argument before the Supreme Court will be fascinating.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465385 posts
Posted on 1/22/25 at 7:53 am to
quote:


Roe v. Wade was overturned, why wouldn't this one be?

The right in Roe was invented via shaky legal reasoning.

The right in the 14A is based purely on text and history of that text. There is no text about abortion in the Constitution. There is specific text about this issue in the Constitution.

Also, Dobbs, in overruling Roe, created a new framework to overturn precedent. To overturn WKA, the court would have to create yet another standard, which is basically complete chaos in terms of a common law system. You can't just keep overturning precedents and making up new standards every 3-5 years.

Lastly, while it's possible, overturning WKA would be the height of hypocrisy from Thomas, Alito, and Gorsuch.

Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 1/22/25 at 7:54 am to
quote:

Warning. Giving me a compliment is dangerous for your e cred here.


No. You’re 100% right and deserve credit.

There’s a lot of things that we do see eye to eye. We need to unite and implement ideas just like yours.
Posted by Boss
Member since Dec 2007
1742 posts
Posted on 1/22/25 at 7:54 am to
quote:

Many of us think they should have a fast trial and even support execution for heinous crimes and murders.


If we can do that we have jurisdiction. I’m not sure you know what the hell you are talking about man.
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