Posted on 10/30/2018 2:48:25 AM PDT by be-baw
Somehow I don’t think it would be retroactive, once citizenship is granted it must be taken away legally. Not through an executive order. Congress could pass something, but I suspect they would not. It would be a huge upheaval in society, there are so many. I would love to be proved wrong on this.
Way to go Pres Trump. Sadly I fear some liberal judge will block it in a nano second
USSC will give him the right in a nano second right back at them!!!
Wouldn’t that be considered against Freedom of Religion since it directly preempts the duty of Muslims to move into kafir territory and reproduce until a base converts it to being part of the Umma. See UK, Belgium etc. Haters gotta hate..
8 U.S. Code § 1401 - Nationals and citizens of United States at birth:
"The following shall be nationals and citizens of the United States at birth:
(a)a person born in the United States, and subject to the jurisdiction thereof;"
It could be fixed by inserting the words "Of parents legally in the United States" right after the word "born". Easy, peasy.
“Somehow I dont think it would be retroactive, once citizenship is granted it must be taken away legally”
It was never given legally. It was citizenship conjured up out of thin air by the courts who can’t make anyone a citizen. No ex post facto laws to be concerned with...
See what lawlessness begets?
Good question. Of course he can by executive order.
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.I don't think he can do it via EO.
It cites the 14th and that was already discussed above.
Not sure about that. My friend had her daughter in Germany while hubby was stationed there. The daughter has dual citizenship.
He’s timing this out perfectly to combat the dims, and get all of his supporters to the voting booths. He’s very clever.
Agreed, except they have social security numbers, drivers licenses, they are living as citizens, some for decades. Many receiving benefits like social security. Not a simple undo. Stopping the newborn from receiving ss#s and benefits and their moms too is at least a start. Like I said I would be happy to be proved wrong. To let this leak before the midterms is just another sign that he needs a bigger majority in Congress so these complex fixes can be addressed. Yes they will be challenged right away but the courts are in place now. I am looking for Ginsburg to retire the day after the midterms if the Dems don’t pull it off. I think she is hanging on for that.
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.
Yay pen and phone legislation.
In the tradition of "I have a pen and a phone". I approve, because that is how I interpret "and subject to the jurisdiction thereof". Those who still have a claim to aid from their embassy are clearly subject to the jurisdiction of their home country's government.
Imagine that. A president who keeps his word!
Now, what does this mean? Is a visitor to the USA "subject to the jurisdiction" of the USA?
You said there was no law and I provided the link to one. Whether or not it is Constitutional is up for the courts to decide. And if the President issues his Executive Order then challenges to that will give the courts the case they need to weigh in on the question and decide it once and for all.
That’s the rub, we don’t need a constitutional amendment, the language of the 14th is clear - it does not apply to children of non-citizens because they are not subject to our jurisdiction/laws simply due to the fact that they are not here legally.
Can they be arrested and tried in our courts if they break our laws? Then they are subject to the jurisdiction of the United States.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.