Trump Says He Will Void Birthright Citizenship Law Through Executive Order

Discussion in 'Law & Justice' started by Pro_Line_FL, Oct 30, 2018.

  1. ocean515

    ocean515 Well-Known Member Past Donor

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    Certainly that was the intent of the 14th Amendment.

    Today, there are many people who claim that line means "subject to the laws of the United States".

    But that makes no sense. Everyone living in the US was subject to the laws, or "jurisdiction" of the US. Who wouldn't be subject to the laws and jurisdiction of the US?

    Going by the authors writings, the line "subject to the jurisdiction thereof" meant the person had no allegiance to a foreign power, and therefor would only be held to the laws and jurisdiction of the US. A person would have to have formally renounced their citizenship to the country they came from. Obviously, illegal aliens have not done that, and therefor are still subject to the jurisdiction of the Nation of citizenship, and not to the US.
     
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  2. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Diplomats. The Constitution spells out "all people", and it means just that. The only group who is not subject to US laws/jurisdiction are diplomats, who enjoy immunity from US laws. At the same time, they do not enjoy all protections of the US laws, like birthright citizenship.
     
  3. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    They specifically spelled out "all people".
     
  4. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Why don't you just answer why you are so against amending the Constitution? That is the right way to do it, and would have plenty of support.

    Why do you oppose it?
     
  5. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Everyone on US soil us subject to US jurisdiction, except:
    • Children born to foreign diplomats here on diplomatic business, who have diplomatic immunity to US Law;

    • Children of members of an invading army that has occupied and controlled some part of US territory, born on that occupied area, who are obviously not subject to US Law (which has never yet happened in the US proper, although Guam was occupied during WWII, and perhaps other territories); and

    • Members of Native American tribes, subject to the jurisdiction of their tribal governments, who do not pay US taxes. (This was true when the 14th amendment was passed, but it no longer is. See section below on the act that changed it in 1924.)
     
  6. dixon76710

    dixon76710 Well-Known Member

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    Obviously NOT on both points.
     
  7. ocean515

    ocean515 Well-Known Member Past Donor

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    I asked what the authors of the 14th Amendment said about "subject to the jurisdiction thereof".

    I seems to me you must know, but don't want to touch it.
     
  8. ToughTalk

    ToughTalk Well-Known Member

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    Good. It was clearly being exploited.
     
  9. Mac-7

    Mac-7 Banned

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    “All people subject to”

    Which should not inclued illegal aliens and chinese tourists
     
  10. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    You can speculate and pretend to know everything everyone said, or you can go with the wording they actually chose to use to amend the Constitution. They chose to write "all persons", not "slaves, and their descendants".

    The argument that jurisdiction means "political allegiance" is Heritage foundation nonsense. How can a newly born infant have political allegiance to anyone, or anything? See, the problem is that the 14th is not talking about the parents, it is talking about the infant who was born in USA.

    What do you have against amending the Constitution by proper means? I'd support it.
     
  11. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I keep asking you a simple question, which you have trouble answering

    Why are you so against amending the Constitution? That is the right way to do it, and would have plenty of support.

    Why do you oppose it?
     
  12. dixon76710

    dixon76710 Well-Known Member

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    That's not what the authors of the 14th amendment said.
     
  13. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Why don't you provide a quote from each one of them, so we can take a peek?

    More importantly, why do you oppose amending, or repealing the clause?

    I am beginning to find it weird people go to no end to argue how they don't like it, and yet at the same time they do not want to change it.
     
    Last edited: Nov 2, 2018
  14. Mac-7

    Mac-7 Banned

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    If thats what they meant then why include the rest of the sentence?

    Why not say all persons born within the US are citizens?
     
  15. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    It does say that.

    Why are you so against amending the Constitution? That is the right way to do it, and would have plenty of support.

    Why do you oppose it?
     
  16. Mac-7

    Mac-7 Banned

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    So the children of chinese tourists deserve American citizenship?
     
  17. Mac-7

    Mac-7 Banned

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    You cling to the amendment route because you know it will take many years to accomplish and millions upon millions of foreigners will be able to use the loophole before it can be stopped

    The supreme court can define the meaning of the 14th in much less time
     
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  18. Mac-7

    Mac-7 Banned

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    See post 267
     
  19. jay runner

    jay runner Banned

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    It doesn't come under the commerce clause and it's not a privacy issue. The odds look real good.
     
  20. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I would not say "deserve", but the way the Constitution was written the baby has the right to it.

    Why do you oppose amending, or repealing the clause since you clearly don't like it?
     
  21. Mac-7

    Mac-7 Banned

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    Exactly

    The 14th amendment means WHATEVER five unelected demigods on the high court say it means

    And they can easily exclude illegal aliens and chinese tourists from the prize pool
     
    Last edited: Nov 2, 2018
  22. Mac-7

    Mac-7 Banned

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    That can be changed

    See post 267 or 271
     
    Last edited: Nov 2, 2018
  23. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    No, that is not true. And who says it would take years? Repealing prohibition did not take anywhere near that long.

    I cling to it, because it is the Constitutional way to do it.

    Why do you oppose amending, or repealing the clause since you clearly don't like it?
     
    Last edited: Nov 2, 2018
  24. jay runner

    jay runner Banned

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    The children of diplomats are excluded already. There's good precedent.
     
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  25. Mac-7

    Mac-7 Banned

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    It would take years becaue every liberal in America is against it
     

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