No, they've never opened a history book.
Birthright Citizenship Challenge
- Thread starter ll74
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Everyone on U.S. soil is, except for diplomats and their families.
Rightguide
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Probably all leftists from blue states and ignorant of the political and legal history of the 14th Amendment and its jurisprudence.
RobDownSouth
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Governor Ron DeSantis is working tirelessly to remedy this oversite in Florida public schools, as is Oklahoma school superintendent Ryan Walters (Ryan wants to be the first president of the Christian States of America).
ll74
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How many challenges to the 14th amendment have been brought?
If it's as simple as you suggest, why haven't there been more?
SCOTUS will decide
You won't be happy
The SCOTUS will uphold that. Even in its present formation. Jus soli citizenship is the law of he land and will not be abolished in your lifetime.
That history solidly supports birthright citizenship.
SCOTUS won't even hear the case. It'll never pass at the Appellate court, and SCOTUS will refuse to take it up.
Rightguide
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Like I said there hasn't been a SCOTUS decision on birthright citizenship other than United States v. Wong Kim Ark (1898) and it did not address the birthright citizenship of illegal aliens. It was a case involving the child of legal foreign residents who were not citizens. Wong's parents were not illegal aliens in the sense we understand today. They were Chinese immigrants living legally in the United States under the Chinese Exclusion Act, but were not citizens.
ll74
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I never said otherwise, dipshit. They are adjacent rulings that likely will be considered.
The reason why there hasnt been challenges is because the amendment is clearly spelled out.
The children of undocumented immigrants, if born in he U.S., are subject to to U.S. jurisdiction and are therefore citizens.
Rebel5soul
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Under whose jurisdiction (control) is the minor child? Does the child belong to the State or the parents?
ll74
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Please explain what part of the amendment suggests any aspect of this.
Rebel5soul
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I'm not responsible for your inability to read and understand the English language.
ll74
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I know the English language, as well as the amendmen, which does not support your question.
I was hoping you could add some context which might explain your bullshit question.
Rebel5soul
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Obviously you don't or you'd realize there is more than one interpretation of the relevant clause.
Further you seem to under the impression that one day Trump was sitting around reading the Constitution and capriciously decided to eliminate birthright citizenship. I can assure you that that is not what happened and that some of the finest legal minds in this nation are behind that EO.
I can further assure you that no podunk Federal judge is going to be issuing a nationwide injunction. This is all carefully planned to force it to the SCOTUS.
Further you seem to under the impression that one day Trump was sitting around reading the Constitution and capriciously decided to eliminate birthright citizenship. I can assure you that that is not what happened and that some of the finest legal minds in this nation are behind that EO.
I can further assure you that no podunk Federal judge is going to be issuing a nationwide injunction. This is all carefully planned to force it to the SCOTUS.
ll74
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Yes....Eastman came up with an interpretation. So have others
No, Eastman came up with a perspective which fed him what he wanted.
He's not a constitutional scholar....he just takes what he believes works on his favor and pushes it as hard as he can.
I've never been disillusioned to think otherwise. But SCOTUS isn't going to agree with Eastman.
Rightguide
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So then why didn't the American Indian gain citizenship until 1924?
ll74
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Native Americans have been treated differently since we became a country. Why do you relate native Americans to this Amendment? No court has done so.
Rightguide
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Then why did it take an act of Congress in 1924 to give citizenship to the American Indian who were all born here? I know why but you don't.
Rightguide
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Trump cancels President Lyndon B. Johnson’s Executive Order 11246, which mandated government contractors take affirmative action. Its about time. Back to meritocracy.
The child belongs to the state as much as any adult does.
Because there's always been a sense, kindasorta, that Indian nations are not quite under U.S. jurisdiction even when completely under U.S. power. See the language of the Constitution excluding "Indians not taxed" from the population counts under the 3/5 Compromise.
This has never been consistent -- their "sovereignty" allows Indian nations to operate casinos in states where gambling is illegal, but it does not exempt them from state taxes, or keep state or county LEOs out of the reservation.
You can't possibly be gloating over that, you worthless animal!
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