Posted on 11/02/2018 8:05:54 AM PDT by Kaslin
Immigration is still at the top of the political discussion, especially after President Trump’s recent comments about citizen birthright. A common talking point for those who are in favor of illegals jumping the border to have a child and stay in the United States is “well, that is just what the Fourteenth Amendment allows.” Does it, however?
Judge Andrew Napolitano is a Fox News commentator on legal issues. He weighed in on the matter during "Outnumbered," but gave no real argument as to why Trump was wrong. His main stance was “so says the Constitution,” but he did not mention an important piece.
Conservatives tend to favor an original construction interpretation of the Constitution. To do this, one must look at the spirit, i.e., reason, time and current events that led up to a new amendment.
The Fourteenth Amendment has nothing to do with illegal immigrants. A significant takeaway from Justice Kavanaugh hearings was the interpretation of the Constitution is essential. He talked in great length about the spirit of an amendment when drafted and implemented. Justice Kavanaugh is an originalist and looks deep into the purpose of modification.
In July of 1868, the Fourteenth Amendment was ratified and placed into law. The spirit of the new amendment was not about illegal aliens. It had nothing to do with the issue. At that time, the last addition to the Constitution abolished slavery, which took place in the Thirteenth Amendment.
Adversaries to the freedom of released slaves were starting to create laws, i.e., Jim Crow, in an attempt to end around the Thirteenth Amendment. They tried to undermine federal law, causing dissension between states and the Federal Government, bringing forth a need for the Fourteenth Amendment.
Illegal immigration is not a reason for the amendment. It was based on the treatment of slavery post-emancipation and does not apply in this situation. Congress needs to come together and pass a law that addresses this often misinterpreted amendment.
The left was against so-called “anchor babies” until Trump was. Now, they are outraged at opposition to the practice. The travel ban was Trump’s first hurdle against the left on immigration. The next will be this issue, but it is a winnable one.
This debate will make its way to the Supreme Court, and we will see why the left fought, lied and committed character assassination on Justice Kavanaugh. They needed at least a swing vote that would block Trump’s agenda, but with Kavanaugh, there is no guarantee.
The need for an originalist on the Supreme Court is paramount because the four liberal justices would somehow find a way to relate the amendment to immigration. However, those in the mindset of constructionism will look at the spirit and rule from an originalist standpoint which would benefit the country.
The left-wing media will bring on pro-amnesty immigration talking heads to pose as immigration pundits. A massive crisis will be conjured up to make Trump look like a heartless “dictator.” However, he is bringing this issue to the forefront of our society for discussion. For far too long, illegal aliens have been unlawfully crossing the border to have a child then apply for welfare.
The American taxpayers who work and still struggle to make ends meet should not foot the bill simply because someone from another country wishes to fulfill their selfish desires and not enter legally.
The Fourteenth Amendment has nothing to do with immigration. The spirit is about slavery and the treatment of those slave’s generations in the future. The media will ignore that fact and base their argument on emotion, along with an intentional misinterpretation of the amendment for political gain.
Thus Trump’s new boldness.
” They needed at least a swing vote that would block
Trump’s agenda”
AKA Judge Roberts
I have no confidence that John Roberts sides with US.
The 14th was never intended to apply to foreigners.
Any foreigners.
The Supreme Court stretched it to cover the children of foreigners here legally in Wong Kim Ark, but did not extend it to illegal aliens.
That was done administratively sometime in the 1960’s.
An executive order can remedy that.
Children of foreign nationals inherit the nationality(ies) of their foreign national parent(s).
That’s why the children of foreign nationals are NOT natural born citizens.
The same principle is also how Ted Cruz acquired US citizenship being born in Canada. A citizen by extension of his mother’s citizenship, but not a natural born citizen.
Roberts has two adopted Irish children, whose adoption may have been irregular. He is NOT going to want to support an interpretation which might adversely affect his own kids.
p!
The 14th amendment didn’t even cover the American Indian. It was expressly designed to make slaves legal citizens. I think even Roberts will be reliable on this one.
They already have one -- Roberts. We need to replace another lib activist judge with another conservative / originalist to be in decent shape. Preferably two.
While I don't subscribe to the theory that the Chief Justice is subject to blackmail regarding the adoption of his children, those who do might consider that the levers of executive power are now in the hands of President Trump, not Obama.
Roberts has either been bought or blackmailed. Either way, once you've been compromised your debt can never go away and you are a slave for life to the one who now holds the cards over you. Secondly, your former friends & allies will never fully trust you or bring you into their inner circle again. You are now a exile for life!!
Supreme court Justice only voted once with the dem justices. You act like as if he always with the rat justices which he did not, and you know that.
the constitution carefully and specifically does NOT confer USA citizenship on babies born here of foreign national parents
that was very, very carefully excluded when the 14th Amendment (the pertinent part of the Constitution) was written
and since everyone says Congress has never authorized it, either, PDJT has a DUTY to stop it, NOW! (And I’d like to see Congress pass a law specifically barring it for the future, too....since we never can tell but HilLIARy or some other Soroznnazi puppet might someday actually get into our WHouse)
I am NOT a fan of the over-use of Exec Orders like Obammy did.
They are not designed to write new “laws”....
but . where there is no law authorizing the automatic conferral of citizenship on children of foreign nationals,
this practice is highly illegal........and a president has the sworn duty to obey the constitution and enforce the laws of the USA
so... an exec order now to stop this illegal practice is the president’s responsibility ..
PDJT should, I believe, get at least 2 more good, honest people onto the USSCt
YES!!
The 14th Amendment was intended to give equal rights through citizenship to the freed slaves of the 13th Amendment. The Jim Crow laws were overwhelmingly a product of the southern Democrats. The same Democrats who still had a segregationists in George Wallace as their leading presidential candidate as late as 1972, 100 years after, until he was shot and nearly killed.
It shouldn't be much of a stretch at all for an originalist such as Justice Kavanaugh to see the righteousness of ending this birthright issue with people born to parents who are neither citizens or permanent residents.
Anchor babies are an unjust scourge upon our nation!
That was a mighty big decision that Roberts screwed us with (Obamacare). I’m hopeful about him going forward, just not confident. And he’s earned that skepticism.
Stop showing your ignorance. Ted Cruz’s mother is a natural born citizen having been born and raised in Delaware. This made Ted Cruz a natural born citizen regardless that he was born in Canada.
“In July of 1868, the Fourteenth Amendment was ratified and placed into law. The spirit of the new amendment was not about illegal aliens. It had nothing to do with the issue.”
Who let this fool talk? It has everything to do with illegal immigrants. Has he ever heard of anchor babies?
Amendment XIV
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 any 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 laws.
According to Breitbart, there are nearly 300,000 children of illegal aliens born in the United States every year, exceeding the total number of U.S. births in 48 states. Somebody wise this fool up. The problem is not going away, it’s getting worse.
rwood
Educate yourself. Natural born US citizenship can come from ONLY two US citizen parents, birthing their child on US soil. I know because it use to be taught in the 1960’s. I am not a ‘natural born ‘ US citizen. My citizen parents birthed me on German soil. I do not have a birth certificate from any of the fifty (7) states.
“Congress needs to come together and pass a law that addresses this often misinterpreted amendment“.
No. Since the Supreme Court has not yet ruled on whether 14A applies to illegal immigrants, then it is Trump’s duty to enforce it as HE (correctly} interpret that, and no laws passed by ANY Congress are either needed to permit, or able to impede Trump’s power and duty to enforce what is in The Constitution.
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