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2025-01-23 -Land of the Free

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Posted by Mercutio 2025-01-23 10:15|| || Front Page|| [11142 views ] Top

#1 Americans back Trump's order to end birthright citizenship as he faces onslaught of legal battles

Posted by Skidmark 2025-01-23 10:27|| 2025-01-23 10:27|| Front Page Top

#2 For those who don't want to RTWT.

The text of the 14th Amendment contains two requirements for acquiring automatic citizenship by birth: one must be born in the United States and be subject to its jurisdiction. The proper understanding of the Citizenship Clause therefore turns on what the drafters of the amendment, and those who ratified it, meant by “subject to the jurisdiction thereof.
...
So which understanding of “subject to the jurisdiction” did the drafters of the 14th Amendment have in mind?

Happily, we don’t need to speculate, as they were asked that very question. They unambiguously stated that it meant “complete” jurisdiction, such as existed under the law at the time, the Civil Rights Act of 1866, which excluded from citizenship those born on U.S. soil who were “subject to a foreign power.”

The Supreme Court confirmed that understanding (albeit in dicta) in the first case addressing the 14th Amendment, noting in The Slaughterhouse Cases in 1872 that “[t]he phrase, ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.” It then confirmed that understanding in the 1884 case of Elk v. Wilkins, holding that the “subject to the jurisdiction” phrase required that one be “not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”

Posted by Mercutio 2025-01-23 11:23|| 2025-01-23 11:23|| Front Page Top

#3 Illegals using birthright to stay at the taxpayers expense. Are benefiting from a crime they commited. US law has always disallowed criminals from getting or keeping what is taken illegally.

Posted by NN2N1 2025-01-23 12:11|| 2025-01-23 12:11|| Front Page Top

#4 Not just illegals. There is an entire industry around birthright tourism, where Chinese Communist Party and similar wealthy, connected husbands around the world send their wives to our shores to deliver their babies, so that the “American” kids can return here for university and work or refuge later.

That was how it worked for Al Qaeda in the Arabia Peninsula big turban Anwar al-Awlaki,who was born here while his father was at grad school on a Fulbright scholarship.

Posted by trailing wife 2025-01-23 13:12|| 2025-01-23 13:12|| Front Page Top

#5 The intent was to shortstop the southern states from classifying former slaves and their children as non-citizens. I think we've move well beyond the expiration date that.

The illogical aspect of foreigners born in the US having American citizenship runs against our over half century of experience of our troops and their families overseas with births in those nations. If the principle is that where one is birthed, then those children of those servicemembers are foreigners not American citizens. However, they're considered American because at least one of the parents (or sperm/egg donor) is American which should be the same principle applied here.

Posted by Procopius2k 2025-01-23 13:29|| 2025-01-23 13:29|| Front Page Top

#6 US judge blocks Trump's birthright citizenship order

Posted by Grom the Affective 2025-01-23 14:24|| 2025-01-23 14:24|| Front Page Top

#7 ^ based upon past experience, don't assume our judges really know the law.

Posted by Procopius2k 2025-01-23 15:22|| 2025-01-23 15:22|| Front Page Top

#8 ^For some reason, I've remembered Andrew Jackson...

Posted by Grom the Affective 2025-01-23 15:33|| 2025-01-23 15:33|| Front Page Top

#9 based upon past experience, don't assume our judges really know the law.

The executive order was always a trial balloon, to see if President Trump could do it the easy way. This shows they’ll need to push it to the Supreme Court, then if it fails there, Congress will need to pass a law. Which then will probably need to go to the Supreme Court, but this was never going to be one of the easy ones.

Reversing LBJ’s EO will probably have to go the same route, given the number of precedents and regulations based on the thing. But that was always the plan — try a presidential executive order first, then do the hard work.

Posted by trailing wife 2025-01-23 17:09|| 2025-01-23 17:09|| Front Page Top

#10 Mercutio

atb that time "subject to the jurisdiction thereof" embraced only those who were subject to the complete jurisdiction of the United States, which could not be properly said of Indians in tribal relations (e.g. they could not be taxed).

That is not true for non-citizens (legal status or not) on U.S. soil. They are (fully) subject to the jurisdiction of the United States (they have to follow all the laws of the U.S. and are taxed, of course).

As we were when we (legally) lived and worked in the U.S. Our second daughter was born in the U.S. and is, of course, a U.S. citizen (currently studying in the U.S.).

The only exception nowadays are diplomats who are not subject to the jurisdiction of the United States.

Posted by European Conservative 2025-01-23 17:46|| 2025-01-23 17:46|| Front Page Top

#11 22 states challenge Trump's 'unconstitutional' birthright citizenship order

Posted by trailing wife 2025-01-23 19:02|| 2025-01-23 19:02|| Front Page Top

#12 Trump knew this question will head to the supreme court. We have needed a definitive answer to this question for decades.

Posted by 49 Pan 2025-01-23 19:23|| 2025-01-23 19:23|| Front Page Top

23:05 Nguard
22:10 trailing wife
20:42 Anomalous Sources
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20:06 swksvolFF
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19:51 Glenmore
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18:57 Beldar Sinatra4111
18:48 Frank G
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18:40 Mullah Richard
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18:36 Rex Mundi
17:49 Large the Furry2018
17:46 Secret Master
17:46 European Conservative
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17:30 Skidmark
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