Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Politics and Other Controversies
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 10-30-2018, 07:02 AM
 
16,212 posts, read 10,828,810 times
Reputation: 8442

Advertisements

Quote:
Originally Posted by MJJersey View Post
It probably has to be done by Congress but it’s not unconstitutional . Congress has has specific power under the constitution to regulate immigration (this also shows that the 14th was not intended to give birthright citizenship).

You are trying to join the "not too bright crew" dude.



A legislative amendment, which the 14th amendment is, has to be revised/abolished via another amendment to the constitution.


Contrary to what you may be aware of - there have been many amendments added to the constitution after the original 10. All of them can only be changed via legislative body agreement and having it signed off by the executive office. The position of president was not set up as a king of all things. The executive office cannot amend a legislative amendment by itself.


So you trying to take up his idiotic idea as a rallying call is silly. He has a majority in Congress right now and I'd actually like for him to encourage some work on an amendment for immigration reform that includes removing birthright citizenship. Him saying this silliness is him showing he is not serious about this issue/getting anything done on immigration reform. It is him trying to get you all upset and defensive about his statement.

 
Old 10-30-2018, 07:03 AM
 
Location: the very edge of the continent
89,059 posts, read 44,866,510 times
Reputation: 13718
Quote:
Originally Posted by legalsea View Post
The 14th Amendment:

"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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

"All persons born" seems pretty straight-forward. I wonder how those that believe in the 'originalism' viewpoint of the Constitution would interpret this clause? What did they mean by 'All persons born'?

In short, President Trump cannot amend the meaning of the Constitution by executive order. I happen to agree that the Constitution should be amended so that 'anchor babies' (meaning, those whose parents are not US citizens) are not citizens simply due to the fact that they were born within our borders. If one parent is a citizen, fine. If both are not, then no citizenship for the child.

But such can only be by amending the Constitution.
Incorrect. I posted a lengthy explanation of why no Amendment is needed (In part, there were those born in the U.S. after the 14th Amendment was ratified, and even after the Wong Kim Ark ruling, who were NOT U.S. citizens at birth). Trump's Counsel is legally correct. He can fix this via EO.
 
Old 10-30-2018, 07:03 AM
 
16,212 posts, read 10,828,810 times
Reputation: 8442
Quote:
Originally Posted by BentBow View Post
Now, that TRUMP has the SC that will follow the text, without adding language to make it justified.

So you believe that the SCOTUS is bought by Trump? That they won't follow constitutional guidelines/laws regarding the duties of each branch of government....?
 
Old 10-30-2018, 07:04 AM
 
62,974 posts, read 29,162,429 times
Reputation: 18595
Quote:
Originally Posted by corpgypsy View Post
Oh he's just trying desperately to instigate more fighting, such as on here, and in the country. He is suddenly so interested in the hot button immigration issue, in an effort to get votes. He needs to keep his followers fearful and angry. So transparent. The America that educates itself on the country's complexities and desires real ideas and meaningful debate will just ignore him. He has no concerns or cares about the topic...he just wants to keep people riled up and scared and furious with someone else. He brings nothing constructive to the table.

Oh, sure this is just about getting votes yet the Democrats will oppose it to get votes so what's the difference? Who's fighting in here? All we are doing is discussing this topic.


What does fear and anger have to do with wanting the Constitution interpreted correctly especially when it's in the best interests of all Americans?


Must be nice to be a mind reader where you can get into Trump's mind and know exactly his motive and emotions on this subject and others. It is constructive to finally end this nonsense of any foreigner that gains illegal entry into our country and births a baby on our soil becomes an instant citizen with all the freebies they can get on the backs of the American taxpayer. Why would you want that?
 
Old 10-30-2018, 07:05 AM
 
Location: the very edge of the continent
89,059 posts, read 44,866,510 times
Reputation: 13718
Quote:
Originally Posted by RedZin View Post
Yes. If it goes to the SCOTUS and they set limits on the 14th, that would change things. The EO, by itself, would start out an unConstitutional EO.
Incorrect.
 
Old 10-30-2018, 07:05 AM
 
26,694 posts, read 14,572,795 times
Reputation: 8094
Quote:
Originally Posted by legalsea View Post
The 14th Amendment:



"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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."


"All persons born" seems pretty straight-forward. I wonder how those that believe in the 'originalism' viewpoint of the Constitution would interpret this clause? What did they mean by 'All persons born'?



In short, President Trump cannot amend the meaning of the Constitution by executive order. I happen to agree that the Constitution should be amended so that 'anchor babies' (meaning, those whose parents are not US citizens) are not citizens simply due to the fact that they were born within our borders. If one parent is a citizen, fine. If both are not, then no citizenship for the child.



But such can only be by amending the Constitution.

Wong Kim Ark ruling:

"The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative."
 
Old 10-30-2018, 07:07 AM
 
16,212 posts, read 10,828,810 times
Reputation: 8442
Quote:
Originally Posted by Oldglory View Post
Oh, sure this is just about getting votes yet the Democrats will oppose it to get votes so what's the difference? Who's fighting in here? All we are doing is discussing this topic.


What does fear and anger have to do with wanting the Constitution interpreted correctly especially when it's in the best interests of all Americans?


Must be nice to be a mind reader where you can get into Trump's mind and know exactly his motive and emotions on this subject and others. It is constructive to finally end this nonsense of any foreigner that gains illegal entry into our country and births a baby on our soil becomes an instant citizen with all the freebies they can get on the backs of the American taxpayer. Why would you want that?

On the bold - the difference is that the Dems didn't pull a topic out of their a$$es just to instigate their base. Dems are mostly running on healthcare. If Trump and company truly wanted to get rid of birthright citizenship, they could have done it over the past 20 months via amending the constitution.


Shows me he nor the GOP are serious about the issue.
 
Old 10-30-2018, 07:07 AM
 
9,254 posts, read 3,589,174 times
Reputation: 4852
Quote:
Originally Posted by Oldglory View Post
Oh, sure this is just about getting votes yet the Democrats will oppose it to get votes so what's the difference? Who's fighting in here? All we are doing is discussing this topic.

What does fear and anger have to do with wanting the Constitution interpreted correctly especially when it's in the best interests of all Americans?

Must be nice to be a mind reader where you can get into Trump's mind and know exactly his motive and emotions on this subject and others. It is constructive to finally end this nonsense of any foreigner that gains illegal entry into our country and births a baby on our soil becomes an instant citizen with all the freebies they can get on the backs of the American taxpayer. Why would you want that?
As i said, an outcome-based “originalist.”
 
Old 10-30-2018, 07:08 AM
 
21,945 posts, read 9,513,063 times
Reputation: 19473
Quote:
Originally Posted by Oldglory View Post
Oh, sure this is just about getting votes yet the Democrats will oppose it to get votes so what's the difference? Who's fighting in here? All we are doing is discussing this topic.


What does fear and anger have to do with wanting the Constitution interpreted correctly especially when it's in the best interests of all Americans?


Must be nice to be a mind reader where you can get into Trump's mind and know exactly his motive and emotions on this subject and others. It is constructive to finally end this nonsense of any foreigner that gains illegal entry into our country and births a baby on our soil becomes an instant citizen with all the freebies they can get on the backs of the American taxpayer. Why would you want that?
I wonder how you want the Second Amendment interpretted? Just curious.
 
Old 10-30-2018, 07:10 AM
 
7,420 posts, read 2,711,302 times
Reputation: 7783
Quote:
Originally Posted by Oldglory View Post
Oh, sure this is just about getting votes yet the Democrats will oppose it to get votes so what's the difference? Who's fighting in here? All we are doing is discussing this topic.


What does fear and anger have to do with wanting the Constitution interpreted correctly especially when it's in the best interests of all Americans?


Must be nice to be a mind reader where you can get into Trump's mind and know exactly his motive and emotions on this subject and others. It is constructive to finally end this nonsense of any foreigner that gains illegal entry into our country and births a baby on our soil becomes an instant citizen with all the freebies they can get on the backs of the American taxpayer. Why would you want that?

^^^ Thank you for illustrating the point of my post. In 2 years you will be asked to get this upset again.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Closed Thread


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Politics and Other Controversies

All times are GMT -6. The time now is 01:16 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top