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The Fallout From Trump v. Barbara
The Post Email Newspaper ^ | 22 Aug 2026 | Joseph DeMaio

Posted on 08/23/2026 11:27:28 AM PDT by CDR Kerchner

(Aug. 22, 2026) — INTRODUCTION

The recent SCOTUS decision in Trump v. Barbara – holding, among other things, that if born here on U.S. soil, the child of an illegal alien or a foreigner unlawfully present here is nonetheless a U.S. citizen – continues to produce fallout. While technically not radioactive, the fallout is nonetheless unhealthy to the continued wellbeing of the Republic. If you doubt that, just read the dissenting opinions of Justices Thomas and Alito and the partial dissent of Justice Kavanaugh.

Your humble servant has addressed the decision and the shortcomings of the majority opinion here. The following offering will take a slightly “deeper dive” into the potential impact of the decision on future scholarship and analysis of the relationship between a “citizen” for 14th Amendment purposes, post-Barbara, and a “natural born Citizen” (“nbC”) as understood and adopted by the Founders in Art. 2, § 1, Cl. 5 of the Constitution itself, the “Presidential Eligibility Clause.”

While the Barbara decision addresses who may constitute a U.S. “citizen” under the 14th Amendment, it is a long way from being determinative of what the Founders considered to be an “nbC” when the Constitution was drafted, adopted and ratified “back in the day.” Stated otherwise, while the 14th Amendment “citizen” and Eligibility Clause nbC issues are different, the two concepts are not totally unrelated. ... continue reading at: https://www.thepostemail.com/2026/08/22/the-fallout-from-trump-v-barbara/

(Excerpt) Read more at thepostemail.com ...


TOPICS: Chit/Chat; History; Military/Veterans; Miscellaneous
KEYWORDS: birthrightcitizen; constitution; naturalborncitizen; trumpvbarbara
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1 posted on 08/23/2026 11:27:28 AM PDT by CDR Kerchner
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To: CDR Kerchner

Imagine there is a war and a draft needed. We can draft the those who were anchor babies to fight for us. If they are living abroad, we can still draft them. They owe that to the republic as citizens! When they don’t show up, we can charge them for draft dodging. If they are caught in the USA, they can be prosecuted and imprisoned and they know it.

(Not gonna happen, of course, but the idea is to prevent mommies from coming here and dropping a kid on US soil.)


2 posted on 08/23/2026 11:43:44 AM PDT by 17th Miss Regt (Fascist, deplorable, and proud of it!)
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To: CDR Kerchner

I am , in the true sense of the word, a real honest natural born citizen. Both parents were born in the USA, their parents before them, & myself born of them ...all in the USA.
That is as it should be, I think with possible exception of the grandparents necessarily being born here. Just my opinion.


3 posted on 08/23/2026 11:45:07 AM PDT by oldtech (oltech)
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To: oldtech

17th generation here. Descendant of conquistadors. My seventh great grandmother was the first to become an American citizen. A member of one of the founding families of St Louis, she became a citizen on March 10, 1804 when the American flag was raised over St Louis.

I’m still tolerant of all you Johnny-come-latelies, though


4 posted on 08/23/2026 11:51:20 AM PDT by j.havenfarm (25 years on Free Republic, 12/10/25! More than 12,750 replies and still not shutting up!)
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To: 17th Miss Regt

There is no extradition for the thousands of Chinese anchor babies.


5 posted on 08/23/2026 12:09:22 PM PDT by PIF (They came for me and mine ... now its your turn)
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To: j.havenfarm

Very cool! On my mom’s side I’m second generation American. Not sure on Dad’s side, as he was adopted, and the genealogy there is less accurate. I think 3rd generation on that side. Thanks for not pushing us newbies away!


6 posted on 08/23/2026 12:14:30 PM PDT by FamiliarFace (I got my own way of livin' But everything gets done With a southern accent Where I come from. TPetty)
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To: CDR Kerchner

Illegal alien embryos born in America are Government Approved Anchor babies. Not Americans.


7 posted on 08/23/2026 12:24:18 PM PDT by FlingWingFlyer (Socialism is the same clown show that gave us out of control global illegal immigration.)
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To: CDR Kerchner
The court's decision ignores the fundamental difference between those accidentally born under US jurisdiction and those substantially born under US jurisdiction.

Children born in the US to US citizens and permanent residents are substantially under US jurisdictions. Those born to temporary visitors and illegals are not. They just happen to be here.

8 posted on 08/23/2026 12:31:26 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: j.havenfarm

I descend from a Ensign Thomas Washer, 1619 resident of Jamestown, on one side and speculated but not yet proven from John Alden of Mayflower on the other side...so definitely natural born...lol


9 posted on 08/23/2026 12:34:02 PM PDT by BamaBelle (Psa 143:8 - ...cause me to know the way wherein I should walk; for I lift up my soul unto thee.)
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To: BamaBelle

We got here around 1590. As I said, I’m very tolerant of you latecomers

JK. I’m proud to be your fellow deep-rooted American


10 posted on 08/23/2026 1:00:25 PM PDT by j.havenfarm (25 years on Free Republic, 12/10/25! More than 12,750 replies and still not shutting up!)
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To: BamaBelle
What about all your other great-great-great-greats?

My point being (more of a question): is it enough to have one ancestor on each side in order to claim original settler status?

I have some ancestors who fought Indians in the Great Lake regions back in the 1600s, others who came later or married someone who came later.

A person normally has four grandparents, eight greats, sixteen great-greats, 32, 64, etc.. so if we're talking 1600s, that's a lot of ancestors.

I guess a person could have several ancestors who came over on the Mayflower and yet still not be natural born if one parent was born elsewhere?

My grandfather was a solid American but they happened to be in Durban SA when my father was born.

11 posted on 08/23/2026 1:00:27 PM PDT by enumerated (81 million votes my ass )
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To: CDR Kerchner

The federal government could limit federal welfare benefits to persons under age 18 to medical care.

Tax credits could be limited to citizens.

An anchor baby should not be able to support a family on federal welfare dollars.


12 posted on 08/23/2026 1:23:30 PM PDT by Brian Griffin
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To: enumerated

> My grandfather was a solid American but they happened to be in Durban SA when my father was born.

Cool! That makes you an African-American! Cash in on it!


13 posted on 08/23/2026 1:24:48 PM PDT by Flatus I. Maximus (Admit it. You can't reason with liberals. They hate you and want you to die.)
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To: CDR Kerchner
When I see a decision that makes me angry, it often uses the 14th Amendment to justify it . It took a civil war to add it. Its purpose has long since past. The Black slaves it was meant to protect are long since dead. It is now being used by enemies of the Republic. Mozlems use it to protect their intolerance. This latest outrage , using it to justify anchor babies is even beyond the explicit instructions by those who drafted it. Just repeal it and let the individual states deal with Civil right issues on their own.
14 posted on 08/23/2026 1:29:32 PM PDT by Nateman (Democrats did not strive for fraud friendly voting merely to continue honest elections.)
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To: 17th Miss Regt; CDR Kerchner
When they don’t show up, we can charge them for draft dodging. If they are caught in the USA, they can be prosecuted and imprisoned and they know it.

Britain tried to do that to U.S. citizens (impressment) in the War of 1812.

Because voluntary enlistments could never satisfy the demand for sailors, the British resorted to the use of press gangs to forcibly place men into service. As many as half of all seamen manning the Royal Navy were impressed. About 10,000 Americans found themselves impressed into service during the Napoleonic Wars. The British argued that the sailors it impressed had escaped from their navy. When Americans protested against the seizures, British authorities justified their practice by arguing that being a British subject took precedence over claims of American citizenship.

https://www.nps.gov/articles/impressment.htm

15 posted on 08/23/2026 1:32:11 PM PDT by thecodont
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To: 17th Miss Regt

Welcome to Fantasy Island!

As if the vague prospect of a draft will disincentivize a mother.


16 posted on 08/23/2026 2:19:47 PM PDT by Miami Rebel (RE)
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To: CDR Kerchner

bkmk


17 posted on 08/23/2026 2:47:47 PM PDT by sauropod (Make sure Satan has to climb over a lot of Scripture to get to you. John MacArthur Ne supra crepidam)
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To: enumerated

No of course not! I hope I didn’t imply that. I was just naming my oldest known ancestors on each side, but for the record I think all of my family was here by the early to mid-1700s. Offhand I can’t think of a branch coming later than that.


18 posted on 08/23/2026 2:55:35 PM PDT by BamaBelle (Psa 143:8 - ...cause me to know the way wherein I should walk; for I lift up my soul unto thee.)
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To: j.havenfarm

1560s here.

No immigrants in the family.

We were here before there WAS a USA.

I guess that makes me a “Native American.”

.


19 posted on 08/23/2026 3:07:53 PM PDT by TLI (ITINERIS IMPENDEO VALHALLA)
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To: TLI

Dayum, Son


20 posted on 08/23/2026 3:08:34 PM PDT by combat_boots
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