Birthright Citizenship Challenge

The phrase that will be subject to debate is; "AND subject to the jurisdiction thereof".

Considering the make up of the current court there is no better time to have this debate.
Everyone on U.S. soil is, except for diplomats and their families.
 
18 state attorneys generals have signed on to this lawsuit on behalf of the 14th Amendment.

The Trump White House has responded in a petty manner befitting the current White House thin-skinned occupant;

They have removed the searchable text version of the United States Constitution from WhiteHouse.gov.
Probably all leftists from blue states and ignorant of the political and legal history of the 14th Amendment and its jurisprudence.
 
Don't they realize there's a complete copy of the Constitution in every high school U.S. history textbook?!
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).
 
Probably all leftists from blue states and ignorant of the political and legal history of the 14th Amendment and its jurisprudence.
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
 
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
SCOTUS won't even hear the case. It'll never pass at the Appellate court, and SCOTUS will refuse to take it up.
 
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
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.
 
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.
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.
 
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.
The children of undocumented immigrants, if born in he U.S., are subject to to U.S. jurisdiction and are therefore citizens.
 
Correction to my earlier statement - the clown-car birthright citizenship preacher is Eastman not Miller.
 
Under whose jurisdiction (control) is the minor child? Does the child belong to the State or the parents?
 
I'm not responsible for your inability to read and understand the English language.
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.
 
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.
 
Obviously you don't or you'd realize there is more than one interpretation of the relevant clause.
Yes....Eastman came up with an interpretation. So have others

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.
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 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.
I've never been disillusioned to think otherwise. But SCOTUS isn't going to agree with Eastman.
 
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.
So then why didn't the American Indian gain citizenship until 1924?
 
So then why didn't the American Indian gain citizenship until 1924?
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.
 
The children of undocumented immigrants, if born in he U.S., are subject to to U.S. jurisdiction and are therefore citizens.
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.
 
Trump cancels President Lyndon B. Johnson’s Executive Order 11246, which mandated government contractors take affirmative action. Its about time. Back to meritocracy.
 
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.
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.
 
Trump cancels President Lyndon B. Johnson’s Executive Order 11246, which mandated government contractors take affirmative action. Its about time. Back to meritocracy.
You can't possibly be gloating over that, you worthless animal! :mad:
 
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