We Can Apply the 14th Amendment While Also Reforming Birthright Citizenship

National Review ^ | 08/24/2015 | John Eastman

[itsahoot]

Again, the reader will have to satisfy himself by resort to the Law Review article.

The reader will have to dispel any notion of common sense to believe that anyone who happens to be here illegally is entitled to birthright citizenship. Only lawyers can read "Thou Shalt not" and determine that it means sometimes is ok.

[itsahoot]

those here illegally are subject to the jurisdiction.

Subject to the laws not Jurisdiction.

[Forty-Niner]

I’ve always had a problem with the word “interpret.” To me the word describes what an actor does.....give new meaning to an author’s work.

The judiciary’s job is to apply the law, not interpret it, with the US Constitution being the first order of authority.

[Cboldt]

-- Subject to the laws not Jurisdiction. --

I'll restate my point with your remark in mind. I expect the court to conflate "subject to the laws" with "subject to the jurisdiction," and hold that children of parents who are here illegally are natural born US citizens, because that's what "subject to the jurisdiction" phrase in the 14th amendment means.

[Liz]

The 2014 Midterm Dem Demolition Derby" and down-ticket
state wins have yet to be fully- mined, but this we know:

<><> REPUBLICANS WON STUNNING HISTORY-MAKING ELECTORAL VICTORIES

<><> midterms were a massive and awesome rejection of liberals;

<><> Southern Democrats control not a single governorship, US senator or legislative chamber,

<><> Democrat losses stretch from the Carolinas westward to Texas,

<><> 110 Of 140 Southern States election districts went Republican.

<><> GOP's House majorities are so huge and solid NBC's Chuck Todd says Dems can't recapture losses until 2022.

<><> Some pundits say Republicans have a 100-year majority;

<><> when the next US Senate convenes, 30 lock-stepping Democrats who voted for Obamacare are gone.

<><> Ark and Ill (Clinton hometowns) have Repub governors---important in a prez race b/c guvs control party machinery.

<><> Unprecedented MINN 6th Congressional district---every single House and Senate district went Repub

<><> GOP now controls the MINN State House.

<><> Ohio's historic GOP statehouse takeover (Gun Control is toast)

<><> Ohio's Gov, Lt. Gov, AG, Secy of State, State Auditor, State Treasurer--all R---Sup/Ct - 6 R/1 D

<><> Britt Hume sez: "latino vote is zilch"---"over-50" is significant 30% voting segment.

<><> Republicans unified control: gov/legislature in 23 states (Ntl Conference of State Legislatures factoid).

<><> Repub governorships: Florida, Tx, Ill, Ohio, Mich, MD, Wisconsin, NC, GA, Mass.

<><> GOP holds every congressional seat in Arkansas; first time in 141 years...

<><> Environmentalists fogged out---suffered huge losses.

<><> Gun Control Candidates blitzed.

<><> "War on Women" became a ntl joke.

<><> Clinton's labeled politically useless---most candidates they flacked lost.

<><> Montana, So/Dakota and West/VA Dems were forced to retire; no hope of getting re-elected,

<><> Arizona House recount race went Republican.

<><> AZ Republican McSally wins last open House seat (Dem Gaby Giffords seat),

<><> Repub McSally's win gives GOP 5-4 advantage in AZ congressional delegation,

<><> Repubs hold 247 House seats (Dems 188), the largest GOP advantage since the Truman admin after WWII.

<><> 73 percent of LA's white voters say told they "strongly disapproved" of the president.

<><> Republicans hold the largest House majority in 83 years.

<><> Republicans holds 68 of 98 state legislative chambers.

<><> 2015 Republican grip on state government has not been seen since the 1920s.

<><> Republicans hold or share control in nearly every state (7 states' legislature and Governor are Dem-held).

<><> 12 states, including Missouri, Arizona, Arkansas, NC will push income tax cuts and fiscal reform.

<><> Illinois’ new Repub Governor’s top priority is reforming its nearly-bankrupt public pension system.

<><> Vermont Democrats allied w/ VT conservative Repubs to ward off voter backlash

<><> controversial and seemingly incompetent VT Democrat governor did not get the requisite votes to stay in office.

<><> VT poised to install Vermont's first Republican governor in over four years

<><> Republicans now control two-thirds of the state legislatures.

======================================

The Republican wave did not end in November 2014. Later, Republicans expanded their majority in the Pennsylvania House of Representatives in the 170th district. Expanding a legislative majority in a blood red state that twice voted for Barack Obama.

[Liz]

The spectrum of Republican takeover as of midnight 11/5/14.
La, Alaska Senate races went Repub. AZ House recount went Repub.

Midterm Map courtesy of http://www.nationaljournal.com

<><> Republican sweep leaves 1-2 slivers of coastal territory, and splotches of interior to Dems,

<><> Democrats' new coalition includes Hollyweirdos, the one percenters, govt dependents, sex addicts, Viagra and condom users, abortion worshippers,

<><> Democrats control votes in the inner city, bodegas, payday loan mills, fast food joints, gangland strongholds, sleazy Hollywood motels, Indian reservations, pineapple plantations, tacoterias, Boston beaneries, coastal clam shacks and surf shops.

=====================================================

REALITY CHECK--AMNESTY-SUCKING DEMOCRATS DROWNED IN A SEA OF RED ---2014 MIDTERM results evidenced not a single state, local or political entity claiming victory w/ latino votes.

2014 was a tsunami that submerged AMNESTY-SUCKING DEMOCRATS in waves of defeat. Democrats who ran on amnesty were soundly defeated.

Fox's astute reoprter---Britt Hume----said the latino vote was not even a factor when Republicans won historic one-for-the-books elections---from sea to shining sea. Not one distrit attributed wins to latino votes.

[semimojo]

What established the diplomatic immunity? There isn’t a constitutional requirement that there be such a thing. It was an act of Congress that did so.

It's a product of treaty, in this case the Vienna Convention on Diplomatic Relations from 1961.

Treaty is the same basis for excluding Indians - our dealings with them them were goverened by treaty.

[HiTech RedNeck]

And who affirms treaties... it isn’t the Treaty Fairy

[GOPJ]

We need to elect a new bunch of people...

[semimojo]

For what it's worth, I had a realization the other day. The 14th amendment specifically exempts Indians (Not Taxed) from birth citizenship.

No, the second clause exempts them from being counted for apportionment purposes, but in the citizenship clause they aren't specifically called out, just included in the not "subject to the jurisdiction" language.

[semimojo]

And who affirms treaties... it isn’t the Treaty Fairy

So acts of Congress can create international treaties? Sweet! Who knew? Let's get started restructuring the global order.

[HiTech RedNeck]

The Senate, at the least, must give the nod to such a thing.

So why should not the full legislative process be accorded at least as much respect.

[Plummz]

What if President Trump just told the court to f*ck off and that his administration would follow the plain meaning of the 14th and the extant statute that codifies it? Would SCOTUS send US Marshalls to arrest him?

[Jim Noble]

ju·ris·dic·tion

noun

1) the official power to make legal decisions and judgments.
“federal courts had no jurisdiction over the case”
synonyms: authority, control, power, dominion, rule, administration, command, sway, leadership, sovereignty, hegemony
“an area under French jurisdiction”

2) the extent of the power to make legal decisions and judgments.
“the claim will be within the jurisdiction of the industrial tribunal”

3) a system of law courts; a judicature.
plural noun: jurisdictions
“in some jurisdictions there is a mandatory death sentence for murder”

[semimojo]

The Senate, at the least, must give the nod to such a thing.

So why should not the full legislative process be accorded at least as much respect.

No disrespect to Congress but the point of a treaty is to formalize an agreement between sovereign parties. Congress can't tell another country to give our diplomats immunity. All the Senate can do is ratify an agreement negotiated by the Executive.

[Repeal 16-17]

What if President Trump just told the court to f*ck off and that his administration would follow the plain meaning of the 14th and the extant statute that codifies it? Would SCOTUS send US Marshalls to arrest him?

Why? The Supreme Nine have never ruled (dicta doesn't count) that the birthright citizenship reading of the Citizenship Clause is correct.

[Plummz]

I’m assuming there would have been a case by that time. If Congress passed a law, or Trump an executive order interepreting the extant statute, the immigration groups would file suit immediately and it would probably go the heavily-Communist SCOTUS in under two years.

[Repeal 16-17]

That’s assuming President Trump hasn’t replaced Anthony Kennedy or one of the consistently Liberal Justices by the time such a case reached the Court. If he’s able to do so, he would likely be facing a friendly Supreme Court.

[GOPJ]

Must be the 'press effect'. Doesn't seem to matter how many States we take - or legislatures - it feels like dems have the power ‘swagger’...

“Not one district attributed wins to Latino votes.”

With the way the MSM and dems talk is easy to believe Latinos control the vote... obviously they don't... not even a little. Thanks for putting all this together Liz - very thoughtful...

[Plummz]

I wouldn’t count on Roberts for this one. Even some of the other Republican appointees might be compromised on this one.