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re: Why Trumpsigned EO to end birthright citizenship

Posted on 1/22/25 at 8:36 am to
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 1/22/25 at 8:36 am to
quote:

You’ve fallen into the language trap. The term “subject to the jurisdiction” as it is used in the 14th amendment is not a one-to-one correspondent with how you’re using it.
Just like "well regulated malitia" means congress can pass laws to restrict gun ownership.
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:37 am to
You did correctly identify that it was about you.
Posted by JimEverett
Member since May 2020
1998 posts
Posted on 1/22/25 at 8:37 am to
quote:

This makes negative sense

That is literally what the literal reading of the text denotes.


Who makes more sense on jurisprudence?

Dude who has half a million posts on Tiger Droppings OR
Richard Posner.

Tough call.
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:38 am to
I have no idea what you mean with that post. The original intent was not to grant carte blanche birthright citizenship. They said it out loud. You can read about it. I don’t know what else to tell you.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 1/22/25 at 8:38 am to
quote:

The one who wrote it? Sure.


You know that there were dozens, if not hundreds, of people involved in the process, right? Each has their own personal view that's just as valid.

That's why we don't tend to rely on such things, especially when that requires ignoring the actual text and historical use of the text.

quote:

Congress was worried that this exact result would be the consequence of the amendment. They only allowed the addition of the clause because they were assured that it did not give carte blanche birthright citizenship.

You'd think if this was convincing, you'd have some case law of note that agrees. I've asked you for this earlier, haev you found it yet?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 1/22/25 at 8:39 am to
quote:


You did correctly identify that it was about you.

Your devolution makes you transparent.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 1/22/25 at 8:39 am to
quote:

Who makes more sense on jurisprudence?

Dude who has half a million posts on Tiger Droppings OR
Richard Posner.

Tough call.


When SFP is proven right, they respond with ad homs
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:39 am to
quote:

The text and history are clear. You just reject it b/c you want a different outcome.


This is incorrect and you are incorrect.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 1/22/25 at 8:40 am to
quote:

This is incorrect and you are incorrect.


Then show me the case law that agrees with you.

I can show you multiple Supreme Court cases that say you're wrong.
This post was edited on 1/22/25 at 8:40 am
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 1/22/25 at 8:40 am to
quote:

No they aren't.
I mean... we can always just read the thread.

quote:

They're saying that if you're not here legally and have a child that child isn't automatically a citizen.
Just like the Leftist like to say "you don't have a right to own a weapon of war!". Saying what you want doesn't equal what the Constitution says.

I'm no fan of birthright citizenship, for people here illegally. That *badly* needs to be clarified or established. But that can't be done with an EO, any more than the the 2A can be repealed by EO. This is going to require at least a legislative fix, but more likely a constitutional amendment. Let's get *that* done!
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:40 am to
You do not always correctly identify it as about yourself. So I was helping your endorphins by confirming. It’s a public service really. Did you sit up straighter in your chair? I’ll bet you did. Attaboy.
Posted by AllDayEveryDay
The Sticks
Member since Jun 2015
9550 posts
Posted on 1/22/25 at 8:42 am to
Seems like the USSC is going to have to decide whether or not jus soli applies to the children of illegal immigrants. Lots of opinions on both sides but never an official ruling. Seems like most people have the opinion "oh the supreme court won't support that, don't try" or "that will take a long time". Well we've got four years, and the worst they can say is no. I don't see an issue in finally forcing the matter after 2 decades of attempts.
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:42 am to
quote:

But that can't be done with an EO


I do agree with this. But a ruling from the Supreme Court could confirm that it has to be done through amendment.

Should Congress pass a law instead to see if would get through the Supreme Court? What would be the practical difference between that and an EO?
Posted by tgdawg68
Georgia
Member since Dec 2019
777 posts
Posted on 1/22/25 at 8:44 am to
quote:

I'm no fan of birthright citizenship, for people here illegally. That *badly* needs to be clarified or established. But that can't be done with an EO, any more than the the 2A can be repealed by EO. This is going to require at least a legislative fix, but more likely a constitutional amendment. Let's get *that* done!


Seven pages and we finally get the correct answer
Posted by Squirrelmeister
Member since Nov 2021
3429 posts
Posted on 1/22/25 at 8:45 am to
quote:

It also depends on the court and political belief of the judge(s). I think about a 60-65% chance it is upheld.

You know that idiot Roberts is going to vote with Kagan, Jumanji, and the wise Latina. It will all come down to ACB.
Posted by the808bass
The Lou
Member since Oct 2012
125750 posts
Posted on 1/22/25 at 8:45 am to
quote:

Then show me the case law that agrees with you.


Oh. I thought you meant the original amendment. My bad. You meant the text of the ruling on the amendment.
Posted by BuckeyeGoon
Member since Jan 2025
963 posts
Posted on 1/22/25 at 8:46 am to
We're talking about a time period where a good amount of the US population was still 1st or 2nd generation immigrants from Europe, there were countless Native American tribes still roaming the country, slaves had just been freed, etc. The whole idea of who was and wasn't a citizen based on the modern idea of being a citizen of country didn't really exist. They wouldn't have had a term for a "legal US citizen" vs "illegal immigrant" like we use today.

"Jurisdiction" was their way of saying "citizen" as we use the term citizen today.
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 1/22/25 at 8:47 am to
quote:

I have no idea what you mean with that post.
Letfists *love* to use "well regulated" as an argument that the government can pass laws to limit gun ownership. But the term "well regulated" at the time meant "disciplined, ordered, and ability to march in ranks"... not the more modern "controlled by congress" meaning.

quote:

The original intent was not to grant carte blanche birthright citizenship.
Right. Just like the original intent of the founding fathers wasn't to allow people to own anything more than a musket.

If the "intent" of the 14A was X than it should say X. And that's the beauty of our Constitution. We can go fix it (and we should!). But creating an entire class of extra-judicial people with immunity from state laws isn't the way to do it.

quote:

They said it out loud. You can read about it. I don’t know what else to tell you.

Not a single founding father talked about the 1A applying to the internet or broadcasting. I guess it wouldn't apply? It only applies to printing presses. Is that a road you want to go down? I don't.
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 1/22/25 at 8:48 am to
quote:

When SFP is proven right, they respond with ad homs
"Who did you vote for?"
Posted by 4cubbies
Member since Sep 2008
59343 posts
Posted on 1/22/25 at 8:50 am to
quote:

This, kill the anchor part of the equation.


What is the anchor part of the equation? What privileges does having US citizen offspring have for non-citizen parents?

Googling shows that it offers no privileges unless the offspring is 21 and can sponsor parents for a green card.
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