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I agree with this analysis of the Constitution 100%. Frankly, I do see how one could plausibly argue that “all persons born” means anything but everyone including illegal immigrants.
No doubt, however, we will see many posters who masquerade as “strict textualists” jettison their supposed principles to reach a particular anti-immigrant “interpretive” outcome because, to them, originalism only means being an originalist when it jives with their particular political beliefs.
What matters is the 150 year practice of recognizing birthright citizenship.
Again, where does the 14th Amendment distinguish between green card holders (which did not even exist at the time it was drafted), temporary legal residents, visitors, and illegal immigrants?
Legal immigrants who were not born on US soil, like me, swear the oath when they get naturalized, and renounce the jurisdiction of their foreign country. Thus they would be covered by the 14th. All immigrants coming to the US legally, like through Ellis Island in the past, had to swear this oath at some point, since its been around since 1795 (officially) with various text changes.
I know US citizens don't really know about it, but here is the oath I had to swear in front of a judge, which illegal aliens/tourists do not swear:
Quote:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.
Depends on the interpretation now doesn't it? Yeah it does. It will go to SCOTUS and finally be resolved. It wasn't meant to be used as a citizenship generator for foreigners and everyone knows it but they cheat the system with it.
No doubt the NRA, with its hundreds of millions spent lobbying for a non-common sense but literal interpretation of the 2nd Amendment will be equally zealous in defending a literal interpretation of the 14th Amendment. Our constituonal rights after all!
Legal immigrants who were not born on US soil, like me, swear the oath when they get naturalized. Thus they would be covered by the 14th.
I know US citizens don't really know about it, but here is the oath I had to swear in front of a judge, which illegal aliens do not swear:
Yes, you are covered by the 14th. Your children would be American citizens if they were born in the U.S.
Precedence is a legal term. If you don't want birthright citizenship, it's time to pass a constitutional amendment.
I'll disagree. You don't need another Constitutional amendment for that. You need to take a second look at the 14th amendment and how it was originally interpreted. That's what the Supreme Court does.
Depends on the interpretation now doesn't it? Yeah it does. It will go to SCOTUS and finally be resolved. It wasn't meant to be used as a citizenship generator for foreigners and everyone knows it but they cheat the system with it.
Oddly enough, the Federal Government actually published a Federal Record in 1866 when this Amendment was written. That should help SCOTUS. President Trump has figured out how to get it to the US Supreme Court.
The Leftists can be counted on to sue him for almost anything he does.
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