Posted on 11/03/2018 12:32:03 PM PDT by Az Joe
"It was about removing vestiges of slavery, not regulating aliens."
The 14th Amendment was ratified to grant citizenship to freed slaves.
Period.
No, no, no....can’t be. Paul Ryan said very matter-of-factly that DjT can’t do that.
Does not matter to anyone who thinks the US Constitution does not pertain to them.
There is the problem. We fought a civil war over the US Constitutional right to split the country and we will most likely end up fighting a civil war over the 14th.
As usual, the squish McCarthy is late to the party, and wrong.
” I do not believe President Trump may reverse by executive order a practice that has ensued for decades”
Actually he can. Simply by rewriting 30 CFR 515.329 where the State Department INTENTIONALLY changed the definition of “subject to the jurisdiction” by ignoring nationality and ONLY focusing on residence.
Does NOT require either an act of Congress OR a Constitutional amendment. Just an EO or a Notice of Proposed Rulemaking.
The 14th was never intended to apply to foreigners.
Any foreigners.
The Supreme Court stretched it to cover the children of foreigners here legally in Wong Kim Ark, but did not extend it to illegal aliens.
That was done administratively sometime in the 1960’s.
An executive order can remedy that.
Children of foreign nationals inherit the nationality(ies) of their foreign national parent(s).
That’s why the children of foreign nationals are NOT natural born citizens.
The same principle is also how Ted Cruz acquired US citizenship being born in Canada. A citizen by extension of his mother’s citizenship, but not a natural born citizen.
yes. any competent attorney has known this for many years.
the 14th Amendment was carefully written to NOT grant USA citizenship to foreigners
Blacks need to realize that their replacement people are waltzing right through the border and the 14th is a population bomb that is pushing them down considerably.
After reading the complexity and nuances of this argument, I believe it is best decided by the Supreme Court, and not left up to the politicians.
(There is no question in my mind that illegal aliens children getting citizenship because they were born here is outrageous.) - Tom
The implementation needs to be changed. There are no more slaves in the USA (except those held by m*zzies.) The practice of birth tourism must be stopped. Write a law that does what we need.
When mr abdul and the 4 missus abduls come here and make babies, they should not be US citizens.
In fact, in the eyes of many Mexicans in both Mexico and the US, the 14th Amendment and anchor babies are being used to create demographic change to facilitate La Reconquista - the the reconquest and annexation of Azatlan ( pretty much most of the Western United States up to the Canadian border) When you see the Mexican flag flown in illegal alien dominated enclaves, it not just national pride in the eyes of the illegals, it is their assertion of Chicano claims to the re conquered territory of Azatlan
It not well publicized for obvious reasons, but La Raza politics and the goal of reconquista are driving an serious and surprisingly broad based La Reconquista movement in the illegal alien and Mexican Nationalist elements in California and Southern Arizona This may sound like a ridiculous and absurd Quixotic dream by a bunch of crazy people, which is exactly what I thought several decades ago. However, this is no joke.
An increasingly large portion of California is now demographically majority minority Mexican illegal aliens who speak little or no English. In these areas, La Raza politicians control local governments, Spanish is the default language,the remaining American citizens are either fleeing or being driven out and the residents are openly implementing the Reconquista
These people are serious, aggressive and ruthless and, at least in California, they are getting critical mass and gaining serious political power.
Yes, and more specifically the children of freed slaves, who were born here in the US to people who were not considered citizens at the time they were born. The 14th makes sure that nobody could question the validity of citizenship to a child of a freed slave. It was a good Amendment and something the GOP should be proud of, but not allow to be misinterpreted.
As others have pointed out, even the current interpretation doesn’t have universal application. The children of diplomats born here, for example, are not given birthright citizenship because in that case they interpret the 14th differently than they do for the cases of undocumented immigrants. Why not? This exposes the flaw in the logic and the true meaning of the clause “subject to the jurisdiction” of the United States.
I’m not sure if the interpretation can be changed by executive order, but some of the process in which cases are adjudicated can be.
The Civil Rights Act of 1866
“Be it enacted...That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States....”
http://teachingamericanhistory.org/library/document/the-civil-rights-act-of-1866/
[Senate debate]
“the language proposed in this constitutional amendment is better than the language in the civil rights bill. The object to be arrived at is the same.”
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=073/llcg073.db&recNum=15
The Supreme Court will rule 9-0 that the illegal babies are citizens.
It won’t even be seriously discussed. The opinion will be short and definitive.
” I do not believe President Trump may reverse by executive order a practice that has ensued for decades”
I expect nothing less from the rino and trotskyite review.
Brilliant Regulator! Thank you!
Trumps reversal of this would cause
total liberal left meltdown, especially
if he made it retroactive where any
and all birth certificates issued to
illegal alien born, are voided.
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