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So, those that support this...do you like the precedent that some future president could come along and sign an EO proclaiming that the 2nd amendment only applies if you register to join a militia?
You make a good point.
I have no issue with ending Birthright citizenship. Doing so by EO is a political stunt.
Announcing the now, right before the midterms is curious. The EO avoids Congress and the courts.
The only problem though if the supreme court rules against the EO ending anchor baby citizenship, then it that will most likely mean it will take a constitutional amendment of the 14th Amendment which Democrats will never allow happen.
That said, there's nothing to lose issuing the EO because otherwise it is being presumed that birthright citizenship for illegal aliens' babies is required.
SO PRESIDENT TRUMP ENACT THE EO NOW.
Translation: I don't like Constitutional norms when they conflict with my personal beliefs, so lets ignore them!
Even permanent legal residents' children weren't intended to get citizenship through birth since they are foreigners and legal aliens, but the Court ruled for in favor of Ark against the Executive. Illegal aliens aren't just foreigners and aliens but illegal. Between 1880 and 1924 well after the 14th amendment, the class of legal and illegal alien was established.
Illegal aliens and their children are subjects of the jurisdiction of their country of origin. "Subject" also means "citizen". The 14th amendment did not include US Indians who were not foreign or alien let alone illegal because they were considered subjects/citizens of their Indian nation but were still "subject" to some degree of US jurisdiction. Blacks were not subjects of any other jurisdiction, while illegal aliens are.
Come on. You think "subject to the jurisdiction" means "citizen"? 3rd grade teachers everywhere are weeping upon hearing this nonsense.
uh uh...if that were true, that non citizens don't fall under the jurisdiction of the US, then we couldn't write traffic tickets to drivers from Brazil or France or any other Country.
Not true. Native Americans were under the jurisdiction of Federal Laws, Federal prosecution, and Federal Courts in the late 1800s, but weren't granted birthright US citizenship until Congress passed a Federal Law in 1924 granting them such , more than 50 years AFTER the 14th Amendment was ratified. No such birthright exception was ever granted to any other foreign sovereign/national/citizen group.
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The Supreme Court would not find in Trumps favor on this one, I can guarantee you that.
I disagree. Plenty of historic and legal precedent. Trump is just returning the 14th to its original intent and enforcement.
Do your homework and read the whole discussion - like where Senator Howard later agreed with the other Senators that the language "subject to the jurisdiction" meant anyone who resided in US territory and governed by US law and enforced by US Courts.
If that's what Harris honestly intended, not to include children of people visiting legally or illegally, then he should have put that clause in there, especially since he obviously knew it was a bone of contention at the time.
How remiss is that? Gads.
Unbelievably sloppy.
There was no real class of illegal entries at the time in 1868. There were just foreigners and aliens and independent Indians who were not citizens or naturalized and were not subject to the jurisdiction of the US. Only blacks and whites could even be naturalized in 1868. Noncitizen visitors and illegal aliens are subject to the jurisdiction of their nation of citizenship.
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