Article

2018-10-31 Government

Trump vows to end birthright citizenship in challenge to 14th Amendment

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Posted by Fred 2018-10-31 00:00|| || Front Page|| [1 views ] Top

#1 You mean the 14th Amendment that SCOTUS suspended the 'equal protection before the law regardless of race' for 'affirmative action' to correct a 'historic wrong' and has spent its time for over half a century hemming and hawing about excuses rather than ending their action that is clearly against the text of the document?

The historical and textural intent was to prevent newly freed slaves from being disenfranchised as non-American. That was achieved. The interpenetration we have about foreigners today is just that an interpretation done through the judiciary.

There must be a principle in the action. You have a glaring problem that arises if simply being within the border make one a citizen. Since the end of WWII, we've had hundreds of thousands of American service families deployed and living overseas giving birth in foreign countries, not counting probably an similar number of 'love children' fathered by American service personnel.

Choose.

If the child is born in the sovereign territory of a state, that child is of that country.

If by birth through one parent is an American then the child is American.

We don't want principles. We want what we want regardless of whatever. As amply demonstrated by SCOTUS' continuing rationales used to extend affirmative action in one guise or another.

Posted by Procopius2k 2018-10-31 06:33|| 2018-10-31 06:33|| Front Page Top

#2 I believe the President has the five votes on this issue that matter.

Posted by jvalentour 2018-10-31 06:45|| 2018-10-31 06:45|| Front Page Top

#3 Women coming here to have anchors NEEDS to STOPPED, PERIOD!~~~~IMO. GO FOR IT DJT

Posted by ranture 2018-10-31 08:32|| 2018-10-31 08:32|| Front Page Top

#4 The 14th was put in place to make sure the slaves became citizens after the civil war. In 1965, Kennedy bastardized it to get open borders.

While I could see a EO being used for say, 120 halt on citizenship for children born from Iranian nationals, I can't see one standing up to the legal challenges if it lasted longer.

Congress can define when citizenship does take effect and this is something they need to do. For example:

A child born from one or two US citizens is bestowed US citizenship.

A child born a non citizen is granted the same status as the parent.
Green card holders and visa holders have the same protection and rights bestowed on the child.
A non citizen going through the naturalization process will have the same protection and rights bestowed on the child, and when naturalization is complete, citizenship will be bestowed on the child.

Pretty simple and stops anchor babies while not violating the 14th amendment.

Posted by DarthVader 2018-10-31 09:20|| 2018-10-31 09:20|| Front Page Top

#5 I agree with Darth on this.

Whatever E.O. comes out of the WH needs to be narrowly written. It will immediately face legal challenge in District court, likely in a venue held by leftists.

But's Darth's proposal would be far superior to any EO.

Posted by lord garth 2018-10-31 09:59|| 2018-10-31 09:59|| Front Page Top

#6 It just occurred to me that this might all be designed to settle legal citizenship issues before 2024. Any executive order would immediately be challenged and should get to the Supreme before then.

Ted Cruz's father was born in Cuba, his mother was born in the US but they were living in Canada when Ted was born. I bet Ted would like these issues settled by 2024 or so...

Posted by rjschwarz 2018-10-31 10:29|| 2018-10-31 10:29|| Front Page Top

#7 The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.

Posted by Beavis 2018-10-31 10:55|| 2018-10-31 10:55|| Front Page Top

#8 So all you foreign ladies, given all this uncertainty, if you want a U.S. baby, just boink an American boy.

Posted by rammer 2018-10-31 22:07|| 2018-10-31 22:07|| Front Page Top

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