Posted on 01/23/2025 8:20:35 PM PST by SeekAndFind
MDL are for factually complex cases where there are enough common factual issues that it would inefficient to waste judicial resources with all the various circuits and districts wading through massive discovery issues, with potentially conflicting rulings etc.. They have never been used for purely legal disputes. At least not that I've ever heard of.
We will see
We’ll see if there is a circuit split. I’m doubtful.
If there is not, I predict the USSC will not hear the case.
Of course they should have. Colonial and American law were based on English Common law - which is still occasionally cited even today in some cases - not on the European Civil law practiced in the rest of Europe. That is one of the defining characteristics of our legal system. And English Common law at the time of independence - which is what matters - was just soli.
What the rest of Europe did then and does today is legally irrelevant.
Until there is a diffinitive high court ruling, Trumps EO should stand.
From the UK Govt:
A child who is born in the UK will not automatically be a British citizen. A child will acquire British citizenship by birth if they are born in the UK to a parent who is either a British citizen or who has a form of settled status, such as indefinite leave to remain, at the time of the birth.
Just think, if Ark had been elected President when he passed the age of 35, he would have been the Commander-in-Chief of all the nation’s armed forces while still being a subject of the Chinese Emperor!
With the election of Obama, and, more specifically and perhaps more frighteningly, with the example of Harris but for a successful election, this situation can still occur.
What matters is what it was at the time we separated from England, because that was the default law followed by every colony, and by the new United States except where superceded by statute or the Constitution.
You can disagree if you'd like, but there are absolute boatloads of U.S. legal precedent discussing the relevancy of pre-independence English Common law when interpreting the Constitution.
Just as one really basic example, read the Supreme Court's 2nd Amendment decision in Heller. In that case, Scalia engaged in an extensive analysis of pre-independence English Common law principles and definitions to help determine the scope of the Second Amendment. Not a peep about continental European law, or current practices in England, because neither was relevant.
Did you feel the same about all the EO's issued by Obama and Biden that were struck down by lower courts?
Mr. HOWARD. I was a member of the same committee, and the Senator's observations apply to me equally with the Senator from Maine. We desired to put this question of citizenship and the rights of citizens and freedmen under the civil rights bill beyond the legislative power....
And so they put the matter beyond the legislative power. It was put in the Constitution where it also resides beyond the executive power.
It lies within the power of the people to amend it if they don't like it.
President Chester Arthur became Vice President and then President after being born to an alien father.
Senator Howard, author of the citizenship clause, in debate upon his introduction of the clause:
Mr. HOWARD. ... This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.- - - - -
Mr. HOWARD. ... We desired to put this question of citizenship and the rights of citizens and freedmen under the civil rights bill beyond the legislative power....
And so they put the matter beyond the legislative power. It was put in the Constitution where it also resides beyond the executive power.
It lies within the power of the people to amend it if they don't like it.
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