Trump Vows to End Birthright Citizenship

Discussion in 'United States' started by PrincipleInvestment, Oct 30, 2018.

  1. Questerr

    Questerr Banned

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    If the Supreme Court ruled that birthright citizenship only applied to freed slaves or if they ruled that illegals aren’t “subject to the jurisdiction” of the United States, then millions of Americans would lose their citizenship overnight.
     
  2. Ronstar

    Ronstar Well-Known Member Past Donor

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    does the 2nd Amendment apply to persons here illegally?
     
  3. Questerr

    Questerr Banned

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    It’s the logical result of a Supreme Court ruling.
     
  4. MrTLegal

    MrTLegal Well-Known Member

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    Why not?
     
  5. Sage3030

    Sage3030 Well-Known Member

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    That settled what to do about kids who were born to parents that were here LEGALLY. It does not decide anything for children who’s parents came here ILLEGALLY.
     
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  6. Questerr

    Questerr Banned

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    The 14thAmendment says any person born in US territory is a citizen. It says nothing about who their parents are.
     
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  7. MrTLegal

    MrTLegal Well-Known Member

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    14th Amendment.
     
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  8. Abqguardian

    Abqguardian Well-Known Member

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    It wouldn't remove citizenship retroactively.
     
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  9. bx4

    bx4 Well-Known Member

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    Regardless of where anyone stands on this particular issue, this is the important point.

    The president should not have the power to amend the constitution by executive order. I am astounded that there are so many people who think this would be OK.
     
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  10. Mac-7

    Mac-7 Banned

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    US code does give them citizenship even if the 14th does not

    And as much as I wish that loophole to end I dont know if trump has the authority to fix it by EO
     
    Last edited: Oct 30, 2018
  11. BillRM

    BillRM Well-Known Member

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    LOL by it very nature doing away with birth rights citizenship would mean that no one who is not a valid citizen can produce a citizen so it would be retroactive.
     
  12. MrTLegal

    MrTLegal Well-Known Member

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    Except that it does. As confirmed by binding supreme court ruling from 1984.
     
  13. PrincipleInvestment

    PrincipleInvestment Well-Known Member

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    "After 2018" that sounds disingenuous, 'prolly 'cause I count 16 (D) governors currently.
     
  14. Ronstar

    Ronstar Well-Known Member Past Donor

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    attempting to strip away the citizenship of millions of Americans, would lead to a civil war.
     
  15. Josephwalker

    Josephwalker Banned

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    This would only apply to kids born here after the fourteenth is negated but I'm sure that's the line the left will use to fight what's meant to stop future illegal immigration
     
  16. Sage3030

    Sage3030 Well-Known Member

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    Where does the 14th define subject to the jurisdiction? It doesn’t. You know who did? Congress. You know what Congress has done? Passed on tons of their power in regards to immigration to.... the President.

    He may or may not be able to do this. I’m positive he can issue an EO on it, whether it will stay in place is another issue entirely.
     
  17. Ronstar

    Ronstar Well-Known Member Past Donor

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    there are tens of millions of American citizens who attained citizenship when they were born in the USA to folks with a Green Card or were on a Tourist or Work Visa.

    attempting to retroactively strip away their rights would lead to civil war
     
  18. MrTLegal

    MrTLegal Well-Known Member

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    Why?
     
  19. Josephwalker

    Josephwalker Banned

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    That could be another court case that some liberal would bring and it would be laughed out of court.
     
  20. yardmeat

    yardmeat Well-Known Member

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    The parents are here illegally. The child is not. You don't lose your 2nd amendment rights because your parents broke the law.
     
  21. ocean515

    ocean515 Well-Known Member Past Donor

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    Not true Legal. Look up Elk v.Wilkins.

    Further, look up The Citizens Act of 1924.

    Look up when the legal application of "Anchor Babies" came into the law.

    The big question always points back to what was meant by "subject to the jurisdiction thereof". I believe that will be the point an EO may address, as it is vague, and open to interpretation.

    I believe the effort is being drafted with the understanding it will end up with the Supreme Court. The Supreme Court could rule that babies born in the US to illegal aliens are not subject to the jurisdiction of the US, and therefor are not automatically citizens of the US. This could be done without amending the 14th Amendment. It would simply be the interpretation by the SCOTUS and would set a new precedent. Something the SCOTUS does as a matter of course.

    After all, since you are a trained legal professional, you certainly understand the role of the SCOTUS, and what it does.
     
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  22. Pants

    Pants Well-Known Member

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    And the second amendment was about a well organized militia defending the state using muskets. It was not about automatic weapons and mentally ill individuals owning them.
     
  23. Ronstar

    Ronstar Well-Known Member Past Donor

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    u want a civil war?
     
  24. Josephwalker

    Josephwalker Banned

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    Why would he?
     
  25. Josephwalker

    Josephwalker Banned

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    You could argue that in court and you would lose
     

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