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Old 11-07-2018, 11:44 PM
 
Location: San Diego
18,739 posts, read 7,606,770 times
Reputation: 15005

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Both Congress and the Courts have defined "under the jurisdiction thereof" and ruled that it doesn't include illegal aliens. So the President is entirely within his Constitutional authority to issue an Executive Order saying: Starting on the day the Order is published, the children born on that date or later on U.S. soil, of illegal aliens who entered or stayed in the U.S. without permission, are not American citizens. As such, thry must be deported along with their parents when the family is healthy and safe to travel. They (and their parents) cannot become U.S. Citizens unless they go through the legal procedures for legal entry and naturalization.

The House of Representatives (which will do nothing that Trump approves of, no matter how much it would help the U.S.) need not do anything, they can't approve or disapprove an EO that is based on earlier Acts of Congress or Supreme Court rulings. The only way they could block such an EO, is either:

1.) to make a new law saying the definition of "under the jurisdiction" is now changed to include illegal aliens... and get it to also pass the Senate and get signed by the President.

-or-

2.) to get the Courts to pretend it's not constitutional. Good luck doing that with the large numbers of law-abiding judges and justices Trump has been appointing and getting confirmed by the Senate.

He should start preparing such an EO now. It must be kept quiet until signed, so we don't get a huge flood of illegal aliens crashing the border to try to give birth here before it goes into effect. The President could conceivably have this vetted by appropriate lawyers, drafted, and ready to sign literally in a few days.

Now's the time to get started.

Last edited by Roboteer; 11-08-2018 at 12:46 AM..
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Old 11-07-2018, 11:50 PM
 
Location: San Francisco, CA
15,088 posts, read 13,450,610 times
Reputation: 14266
Psst. Hey, you! Did you know that there is this consequential thing called the Constitution, and Donald Trump is not in fact annointed King? Really, it's true!

Just because you share Donald's ignorance about Constitutional law and limits of Presidential power and read some fringe theories in a misguided right-wing forum doesn't mean that he can just wave his pen and conjure up anything that the delusional voices in his head suggest.
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Old 11-07-2018, 11:54 PM
 
5,315 posts, read 2,113,297 times
Reputation: 2572
No
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Old 11-07-2018, 11:55 PM
 
2,362 posts, read 777,709 times
Reputation: 873
This should be done through constitutional amendment. If you pass an executive order re-writing precedent of an amendment and it's somehow upheld by the USSC (it won't be but let's assume it is) then any Democratic president can do the same - including an EO re-defining gun rights across the entire country.
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Old 11-07-2018, 11:55 PM
 
32,068 posts, read 15,058,461 times
Reputation: 13685
Quote:
Originally Posted by Roboteer View Post
Both Congress and the Courts have defined "under the jurisdiction thereof" and ruled that it doesn't include illegal aliens. So the President is entirely within his Constitutional authority to issue an Executive Order saying: Starting on the day the Order is published, the children born on that date or later on U.S. soil, of illegal aliens who entered or stayed in the U.S. without permission, are not American citizens. As such, thry must be deported along with their parents when the family is healthy and safe to travel. They (and their parents) cannot become U.S. Citizens unless they go through the legal procedures for legal entry and naturalization.

The House of Representatives (which will do nothing that Trump approves of, no matter how much it would help the U.S.) need not do anything, they can't approve or disapprove an EO that is based on earlier Acts of Congress or Supreme Court rulings. The only way they could block such an EO, is either:

1.) to make a new law saying the definition of "under the jurisdiction" is now changed to include illegal aliens... and get it to also pass the Senate and get signed by the President.

-or-

2.) get the Courts to rule it's not constitutional. Good luck doing that with the large numbers of law-abiding judges and justices Trump has been appointing and getting confirmed by the Senate.

He should start preparing such an EO now. It must be kept quiet until signed, so we don't get a huge flood of illegal aliens crashing the border to try to give birth here before it goes into effect. The President could conceivably have this vetted by appropriate lawyers, drafted, and ready to sign literally in a few days.

Now's the time to get started.
This is our constitution. No executive order can change it.
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Old 11-07-2018, 11:57 PM
 
27,624 posts, read 21,125,541 times
Reputation: 11095
The birther-in-thief does not have that power but btw...best of luck with that wall...

Field of Vision - Best of Luck with the Wall
A voyage across the US-Mexico border
https://vimeo.com/189015526
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Old 11-08-2018, 12:08 AM
 
Location: San Diego
18,739 posts, read 7,606,770 times
Reputation: 15005
Quote:
Originally Posted by ambient View Post
Psst. Hey, you! Did you know that there is this consequential thing called the Constitution, and Donald Trump is not in fact annointed King? Really, it's true!

Just because you share Donald's ignorance about Constitutional law and limits of Presidential power and read some fringe theories in a misguided right-wing forum doesn't mean that he can just wave his pen and conjure up anything that the delusional voices in his head suggest.
Didn't even read the OP, did we?
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Old 11-08-2018, 12:14 AM
 
Location: San Diego
18,739 posts, read 7,606,770 times
Reputation: 15005
Quote:
Originally Posted by natalie469 View Post
This is our constitution. No executive order can change it.
Nor will this one. The Constitution doesn't define the 14th amendment's "and under the jurisdiction thereof" regarding which people born on U.S. soil, are citizens. So Congress must... and they have. The Civil Rights Act has that definition, and it doesn't include illegal aliens.

Besides, the liberals are constantly telling us that the Constitution means whatever the Supreme Court says it means, don't they? Courts have already decided that illegal aliens aren't citizens.

Better luck next time, libbies. Good luck changing Congress's definition, or getting your own views legislated from the bench in the increasingly law-abiding courts.
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Old 11-08-2018, 12:18 AM
 
Location: San Diego
18,739 posts, read 7,606,770 times
Reputation: 15005
The Constitution says "...and subject to the jurisdiction thereof" to determine if someone born in the U.S. is a citizen. But the Const never defined it.

Which means that it's up to the only other legislative body to define it - Congress. And they did.

In the same year the 14th amendment was written and proposed by Congress, they also wrote in the Civil Rights Act of 1866, "... 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".

So there's your answer, explaining what the same Congress in the same year meant when they wrote, "subject to the jurisdiction thereof" in the 14th amendment. If someone is "subject to any foreign power", he is not a citizen of the U.S.

And guess what: That covers illegal aliens, and their U.S. born babies. They are subject to the power of the country they came from. So they are not citizens.

So says Congress.
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Old 11-08-2018, 12:21 AM
 
27,624 posts, read 21,125,541 times
Reputation: 11095
Quote:
Originally Posted by Roboteer View Post
The Constitution says "...and subject to the jurisdiction thereof" to determine if someone born in the U.S. is a citizen. But the Const never defined it.

Which means that it's up to the only other legislative body to define it - Congress. And they did.

In the same year the 14th amendment was written and proposed by Congress, they also wrote in the Civil Rights Act of 1866, "... 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".

So there's your answer, explaining what the same Congress in the same year meant when they wrote, "subject to the jurisdiction thereof" in the 14th amendment. If someone is "subject to any foreign power", he is not a citizen of the U.S.

And guess what: That covers illegal aliens, and their U.S. born babies. They are subject to the power of the country they came from. So they are not citizens.

So says Congress.
So when will Trump stop renting his properties to pregnant Russkie women?

Russians Flock to Trump Properties to Give Birth to U.S. Citizens
While the president rails against children of undocumented immigrants, wealthy Russians rent his condos—at huge costs—so they can have American kids.

https://www.thedailybeast.com/russia...to-us-citizens

Last edited by sickofnyc; 11-08-2018 at 01:00 AM..
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