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To: familyop

Enlighten me, please. It does seem a bit off that he has the ability to do this through E.O..


19 posted on 10/30/2018 3:08:11 AM PDT by Spacetrucker (George Washington didn't use his freedom of speech to defeat the British - HE SHOT THEM .. WITH GUNS)
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To: Spacetrucker

“Enlighten me, please. It does seem a bit off that he has the ability to do this through E.O..”

Why’s that? There was/is no law passed by congress granting children born to illegal aliens U.S. citizenship. I don’t even know on what authority the states are handing out U.S. birth certificates to illegals. It’s all completely lawless


23 posted on 10/30/2018 3:13:36 AM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: Spacetrucker

Not to sure that matters. Just the fact that he does it will assure it gets challenged and the Supreme Court will have to rule on it.


50 posted on 10/30/2018 3:37:48 AM PDT by Dusty Road (")
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To: Spacetrucker
It does seem a bit off that he has the ability to do this through E.O..

Two reasons he can do it:

1. There is no Supreme Court precedent that interprets the Constitution differently.

2. The Constitution does not explicitly say that the Supreme Court's interpretation of the Constitution generally overrides that of either Congress or of the President, who are co-equal branches of government. The Constitution does explicitly grant the "Judicial Power of the United States" to the Supreme Court, but nowhere is that defined as the ability to set binding precedents that the other two branches must respect beyond the parties to the cases for which the Court has issued a ruling. At most, it requires that the other two branches respect the Court's decision as it applies to the parties to the cases brought to the Court, but not that they do so for other parties who haven't petitioned the Court, and whose cases the Court has not adjudicated. In other words, if Jose Illegalson sues to be granted citizenship under the 14th Amendment, and the SCOTUS rules in his favor, the Executive Branch is only Constitutionally required to treat Jose himself as a citizen, not his sister Manuela, who didn't petition the Court, and so who has no SCOTUS ruling that personally applies to her.

Nowhere does the Constitution incorporate English Common Law into US Law, neither with respect to any precedents set by British courts, nor with respect to principles such as "stare decisis." Several prominent Founders argued exactly that, including Madison and Jefferson.

51 posted on 10/30/2018 3:38:37 AM PDT by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: Spacetrucker
"Enlighten me, please. It does seem a bit off that he has the ability to do this through E.O.."

This statement, where Axios generalizes by saying "non-citizens," would include legal permanent residents.

"President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil,..."

The Trump Administration has no such intention. As for the rest, does "jurisdiction" mean what it has always meant in U.S. and local laws or something else entirely? The President could issue the executive order in regards to illegals and those with temporary visas. And as you might guess, we'd see an answer from the courts rather quickly.

I suspect that such an executive order would more likely be aimed much at "birth tourism" (often wealthier foreigners who come for the single purpose of giving birth in U.S. hospitals, and some, even for later gaining a strategic advantage in the even of an international conflict). Birth tourists intend to skirt the original intent of the Fourteenth Amendment, in my opinion.

It won't really matter to other undocumented people who don't stay long enough to have kids. That will depend on whether or not we build better security at the border.


81 posted on 10/30/2018 4:16:30 AM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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To: Spacetrucker

As I see it, of course I am not a lawyer and did not even stay at the Holiday Inn Express last night.

There has never been a law or court case that determined babies born here to people here illegally would be automatically citizens. In fact for many years babies born here to illegals were not given citizenship. In the 60s it was something that just started being done. To me it was a policy change. Presidents often use EO to change policy.

Of course the left will argue otherwise so this will surely go to court, likely all the way to the Supreme Court.

This is something that is foolish, no country in its right mind would give citizenship to babies born to people in the country illegally. It needs to be ended.

Something to think about, because most people do not distinguish between born here (citizenship) and natural born as requirement to be President in this country we could have a real mess at some point. How about a baby born here to illegals, parents end up deported, baby goes with them- raised in another country. Comes back as adult waving their US citizenship- with no other connection to this country and the left supports that person to the Presidency.

Otherwise giving citizenship to children of illegals is used to manipulate our immigration system and get on the handout express.


277 posted on 10/30/2018 8:12:44 AM PDT by Tammy8
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To: Spacetrucker
Enlighten me, please. It does seem a bit off that he has the ability to do this through E.O..

As POTUS, Trump is the top law enforcement official who swore an oath to uphold and defend the Constitution. Birthright Citizenship the way it is applied today was fabricated by the administrative bureaucratic deep state progressives and was never actually legislated. In other words, Trump is simply ignoring illegal imposed regulatory precedent and in essence just enforcing the actual rule of law. The original intent of U.S. Constitution as written including amendments trumps any other laws, regulations, or rulings. There is no compromise or middle ground in this regard.

362 posted on 10/30/2018 6:32:43 PM PDT by DBeers (The concept of peace in Islam requires not co-existence but submission.)
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