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Judge Nap: Trump's Deportation Vow Is Prohibited By Constitution
Fox News Insider ^ | August 17, 2015

Posted on 08/17/2015 1:46:45 PM PDT by BradtotheBone

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To: BradtotheBone

Nappy is wrong. Anchor babies are dual citizens. Ship them back with mamma and poppy.


61 posted on 08/17/2015 2:08:07 PM PDT by Cowboy Bob (Isn't it funny that Socialists never want to share their own money?)
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To: Stepan12

LOL. I guess an asshat...is an asshat.


62 posted on 08/17/2015 2:08:14 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: BradtotheBone

No it is NOT. It is prohibited by the Democrats’ perversion of the 14th Amendment. Eddie Munster should know the Supreme Court ruling in the 1890s was NEVER about illegal Mexicans sneaking over our non existent border. Democrat KKKlansmen trying to steal liberty from the great grandparents of their current day stupid supporters forced the Court to make it’s ruling to ward them off.
Using Eddie Munster’s reasoning the 3/5th rule still holds.


63 posted on 08/17/2015 2:08:55 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: skeeter

” Anyone within the US and ‘subject to the jurisdiction thereof’, which illegals by definition are not, are to become a citizen upon birth.”

So if they are not subject to the jurisdiction of the US how can the US deport them?


64 posted on 08/17/2015 2:09:29 PM PDT by FewsOrange
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To: skeeter

I was hoping someone would bring that up.


65 posted on 08/17/2015 2:09:31 PM PDT by firebrand
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To: BradtotheBone

Better to try and fail that never to have tried at all. Also Obama used EO’s from Amnesty, Trump can use it to.


66 posted on 08/17/2015 2:10:34 PM PDT by MARKUSPRIME
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To: BradtotheBone

“...The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen...”

Nope. Not true.

The 14th Amendment, Section 1: 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 and 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 law.

1. The 14th Amendment NEVER SAYS NATURAL BORN CITIZEN!!

1. “...subject to the jurisdiction thereof...” If the parents are illegal aliens in the U.S. they are living here outside the law. If they are Mexican, their children are automatically citizens of Mexico. The children are deported with their parents.

Judge Napolitano is not interpreting the Constitution correctly.


67 posted on 08/17/2015 2:10:40 PM PDT by SatinDoll (A NATURAL BORN CITIZEN IS BORN IN THE USA OF TWO USA CITIZENS)
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To: BradtotheBone
Fourteenth Amendment, Section 1. 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.

Illegal immigrants are not subject to the jurisdiction of the United States.

68 posted on 08/17/2015 2:10:56 PM PDT by zot
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To: OddLane
The concept of jus soli is absurd on its face-which is why most Americans oppose it when it's explained to them, and why most of the planet rejects it.

This has been one of my primary arguments when discussing this issue over the years.

Jus Soli is stupid. It allows non-citizens to gift something they don't own to someone else without the voluntary consent of the people who do own it. US Citizens.

Immigration is like adoption. You get to be a member of a family if the family consents to adopt you, not because you happen to be born in their house.

Jus Soli is stupid. It serves the Interests of an Island King throwing servitude on anyone he can, but it does not suit the Interest of a prosperous Free Republic.

69 posted on 08/17/2015 2:11:45 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: BradtotheBone
Expedited Removal (INA § 235(b)) In FY 2013, ICE deported about 101,000 people through the expedited removal process. Expedited removal is a summary process for formally deporting certain noncitizens who do not have proper entry documents and who are seeking entry to the United States at a port of entry (POE), such as a border crossing or an airport, or who are found within 100 miles of the border. Specifically, it applies only if the immigration officer determines that an individual:

■committed fraud or misrepresented a material fact for purposes of seeking entry to the United States;

■falsely claimed U.S. citizenship; or

■is not in possession of a valid visa or other required documentation.

70 posted on 08/17/2015 2:11:57 PM PDT by 11th_VA ("We're not gonna take it ANYMORRRRRE !!!")
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To: Zhang Fei

The judge is saying birthright citizenship can’t be rescinded retroactively. ... .

***********

If we were to appoint justices who did not think they were a running Constitutional convention, they would find that Constitutional, as distinguished from statutory, birthright citizenship was never in effect in the first place and that, thus, there would be no “retroactive” change.


71 posted on 08/17/2015 2:12:13 PM PDT by Socon-Econ
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To: Stepan12

Ok, that explains a lot, thanks!


72 posted on 08/17/2015 2:13:03 PM PDT by BlackAdderess (Proud member of the "vulgar unwashed masses")
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To: FewsOrange

If they are not subject to the jurisdiction of the US how can they be allowed to stay?


73 posted on 08/17/2015 2:13:15 PM PDT by skeeter
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To: BradtotheBone

Your libertine libertarian skirt is showing Nap. Conflation of the meaning of 14th Amendment is unbecoming.

“Expert: Up to 400K Children Born To Illegal Immigrants in U.S. Annually, One In 10 Births”

http://www.freerepublic.com/focus/f-news/3325804/posts


74 posted on 08/17/2015 2:13:35 PM PDT by Red Steel (Ted Cruz: 'I'm a Big Fan of Donald Trump')
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To: FewsOrange

Research the meaning of “not subject to the jurisdiction thereof”

You can “deport” an invader in your home, yet not have “jurisdiction” over them.


75 posted on 08/17/2015 2:13:42 PM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: ImJustAnotherOkie

Guess, according to the judge, America must just go ahead and commit national suicide.


76 posted on 08/17/2015 2:14:21 PM PDT by dogcaller
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To: Red Steel

Exactly. The question goes to the INTENT OF THE AMENDMENT. I believe Scalia would agree.


77 posted on 08/17/2015 2:14:24 PM PDT by SoFloFreeper
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To: BradtotheBone
"The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen.

No, it does not, Judge.

Thanks for playing.

78 posted on 08/17/2015 2:14:55 PM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Las Vegas Ron
If I catch a burgler in my house can I make him cut my lawn?

Thats how silly the 14th amendment absolutist argument is.

79 posted on 08/17/2015 2:15:34 PM PDT by skeeter
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To: FewsOrange

“Subject to the jurisdiction of” meant that they had renounced their former citizenship either expressly and impliedly and stated an intent to submit to the laws of the United States as citizens. So said the Wong Sun Ark decision cited elsewhere in this post.

It is subject to interpretation whether a person who has entered the united states illegally through their parents can make that claim, an interpretation not yet handed down by the United States Supreme Court.


80 posted on 08/17/2015 2:15:54 PM PDT by henkster (Ms. Clinton, are you a criminal or just really stupid?)
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