Posted on 08/21/2019 10:23:03 AM PDT by Monrose72
Unlike freed slaves who were not citizens of another county and who were “subject to the jurisdiction thereof” the children of illegal alien citizens, illegal aliens who are not “subject to the jurisdiction” of the United States are not to be granted birthright citizenship.
DO IT !!!!!!
This is what electing a real leader looks like.
Just do it Mr. President.
and subject to the jurisdiction thereof
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Foreigners are subject to the jurisdiction of their home country.
The authors specifically said this did not apply to foreigners.
Among countless legal tretises on the subject available on line, please see:
“Birthright Citizenship: A Fundamental Misunderstanding of the 14th Amendment”
It is “assumed” law, not “settled” law.
As we know from this history of courts and the 2nd amendment, courts are expert at misconstruction.
Plyler v. Doe, 457 U.S. 202 (1982) -- Footnote 10
All Trump has to do is agree to a treaty to harmonize our treatment of the matter with some country that clearly prohibits anchor baby citizenship then get McConnell to prevent the treaty from getting a ratification vote.
Unless or until a vote is held, the proposed treaty is the law of the land.
Whatever the eventual outcome, in the interim it would create uncertainty for illegals plotting their trip.
There is an argument for people here legally, as long as they are not part of a diplomatic mission, but illegals are not.
For example, an illegal can not be drafted into the military. A citizen can. A legal resident may volunteer. But an illegal alien may not. They are not subject to the jurisdiction.
If so, the EO would be nothing more than the vehicle to get the issue in front of SCOTUS. The issue has to get there somehow, and step one is to deny some anchor baby citizenship, and that denial has to preceded by some order that reverses standing practice.
"and subject to the jurisdiction thereof".
Why was that phrase put there? Is someone who entered the US in violation of US laws "subject to the jurisdiction" of the United States? Or of the country he came from? How about people who give birth here while being a tourist?
Hope he can do it.
This would be one of the greatest things any President could do for the country.
Could SCOTUS find that it erred in Roe v. Wade? That there is no right to abortion in the constitution? Or how about no right to homo marriage in there either.
What the court hallucinates into being, the court can take away. See too, birthright citizenship.
Please let this be accomplished ASAP!
“birthright citizenship” is explicitly NOT what our Founders provided for our country!
and it has done us a great deal of harm!
He can if SCOTUS goes along with it. Courts redefine and hallucinate things into being on a regular basis. The RKBA is a great example of that.
Depends on what that means.
What the court hallucinates into being, the court can take away.
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That would make an awesome tagline.
Thank you
...and make it retroactive.
DO IT! DO IT NOW!!!
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