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Old 05-07-2017, 04:15 PM
 
Location: Brooklyn
1,073 posts, read 495,270 times
Reputation: 817

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Quote:
Originally Posted by davidt1 View Post
I think the people who were born here are Americans under the law. It seems like many Americans want to see this law change for the future. Isn't the majority now Republicans? Why not contact your lawmakers and ask them to change the law?
Won't happen. Need the states input as well.
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Old 05-07-2017, 04:23 PM
 
Location: Pittsburgh, not Paris. #MAGA.
9,693 posts, read 5,288,262 times
Reputation: 9671
Quote:
Originally Posted by Jonah K View Post
Considering that the "Citizenship Clause" of the 14th Amendment to the U.S. Constitution pretty much settled the issue, the Supreme Court will probably deny certiorari to any case that directly raises it. The reverent part of the 14th Amendment is as follows…
Amendment XIV, Section 1, Clause 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
If it's any consolation, folks born in American Samoa (an unincorporated U.S. territory) don't necessarily get automatic U.S. citizenship at birth.
U.S. top court rejects American Samoan birthright citizenship bid | Reuters
This is where the inclusion of originalists on the high court is key. There is a very strong argument to be made that the original intent of the birthright citizenship clause--which was meant to ensure that states/federal government couldn't deny citizenship to freed black slaves--does not apply to the situation we're currently experiencing. We could't rely on John Roberts to adopt such an interpretation, and Kennedy certainly wouldn't either. So such an interpretation depends on Trump replacing at least two leftists on the court in my view. And even then its not a given.
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Old 05-07-2017, 06:49 PM
 
Location: Kūkiʻo, HI & Manhattan Beach, CA
2,626 posts, read 6,005,611 times
Reputation: 2377
Quote:
Originally Posted by prospectheightsresident View Post
This is where the inclusion of originalists on the high court is key. There is a very strong argument to be made that the original intent of the birthright citizenship clause--which was meant to ensure that states/federal government couldn't deny citizenship to freed black slaves--does not apply to the situation we're currently experiencing. We could't rely on John Roberts to adopt such an interpretation, and Kennedy certainly wouldn't either. So such an interpretation depends on Trump replacing at least two leftists on the court in my view. And even then its not a given.
Actually, a true "originalist" on the Supreme Court would probably support the "birthright citizenship clause" of the 14th Amendment exactly as it is written.
Originalism and Birthright Citizenship, AgainMichael Ramsey - The Originalism Blog
Phony 'Originalism' and the Assault on Birthright Citizenship

If the drafters of the 14th Amendment wished to limit its applicability solely to freed slaves and their descendants, they would written so.
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Old 05-07-2017, 07:55 PM
 
Location: Florida & Cebu, Philippines
2,808 posts, read 2,240,710 times
Reputation: 2853
Whatever the case, it needs to be clarified or changed so that no child gets citizenship unless at least one of their parent is a citizen of the United States.
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Old 05-07-2017, 08:16 PM
 
Location: Brooklyn
1,073 posts, read 495,270 times
Reputation: 817
Quote:
Originally Posted by Mr. Lee View Post
Whatever the case, it needs to be clarified or changed so that no child gets citizenship unless at least one of their parent is a citizen of the United States.
Won't happen, so stop wishing for it. Get on the immigration reform train.
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Old 05-07-2017, 08:30 PM
 
20,611 posts, read 12,298,901 times
Reputation: 5895
Quote:
Originally Posted by Mr. Lee View Post
Whatever the case, it needs to be clarified or changed so that no child gets citizenship unless at least one of their parent is a citizen of the United States.
Quote:
Originally Posted by bullandre View Post
Won't happen, so stop wishing for it. Get on the immigration reform train.
Agreed that we need immigration reform. Put a stop to birthright for any future US born kid unless at least 1 parent's a US citizen.
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Old 05-07-2017, 08:33 PM
 
1,151 posts, read 428,888 times
Reputation: 1034
The US Constitution is what the Supreme Court says it is. And the Supreme Court is a political institution.
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Old 05-07-2017, 08:48 PM
 
Location: Florida & Cebu, Philippines
2,808 posts, read 2,240,710 times
Reputation: 2853
Quote:
Originally Posted by bullandre View Post
Won't happen, so stop wishing for it. Get on the immigration reform train.
I am not only wishing for it, I am praying for it to happen and soon. I guess we will once again see you all crying when it DOES happen, just as it happened that Trump got elected against all possible odds. Many of us are fed up, we have to stop giving people the wrong reasons to go to the US and anchor babies is one of the main wrong reasons.

Last edited by Mr. Lee; 05-07-2017 at 10:17 PM.. Reason: fix spelling
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Old 05-07-2017, 08:57 PM
 
Location: Brooklyn
1,073 posts, read 495,270 times
Reputation: 817
Quote:
Originally Posted by Mr. Lee View Post
I am not only wishing for it, I am praying for it to happen and soon. I guess we will once again see you all crying when it DOES happen, just as it happened that Trump got elected against all possibly odds. Many of us are fed up, we have to stop giving people the wrong reasons to go to the US and anchor babies is one of the main wrong reasons.
Stop wasting prayers. I can bet you were an anchor baby as well. Most Americans want sensible immigration reform with a path to legalization. Pair that with a robust enforcement of our immigration laws.
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Old 05-07-2017, 09:18 PM
 
Location: Florida & Cebu, Philippines
2,808 posts, read 2,240,710 times
Reputation: 2853
Quote:
Originally Posted by bullandre View Post
Stop wasting prayers. I can bet you were an anchor baby as well. Most Americans want sensible immigration reform with a path to legalization. Pair that with a robust enforcement of our immigration laws.
Typical, when you have nothing to rebut with you go on the attack. Both my parents were American by birth, thus you are wrong.

Now back to anchor babies, I will continue to pray and wish for the law to be clarified and or changed, we do not need two illegals making a citizen.
BTW I was born in Brooklyn where you show you are from.
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