Skip to comments.Trump Challenges Birthright Citizenship
Posted on 08/23/2019 6:49:21 AM PDT by SeekAndFind
The late Supreme Court Justice Antonin Scalia was what we call an originalist when it came to interpreting the U.S. Constitution. He believed the only way to read the Constitution was in the context of the times when its provisions were written which formed the intent of those who wrote and later amended it. We could only interpret what they meant by reading what they wrote through the filter of the events of their day, not our day.
The issue of the 14th Amendment and whether it conveys birthright citizenship just from being born on American soil has resurfaced in the context of the current debate on immigration and border security. The answer can be found in looking at the times in which it was written and examining the actual words and thoughts of those who wrote it.
The 14h Amendment was written in 1868 after a bitter Civil War ended slavery. It was written to ensure the civil rights of freed slaves and to correct the injustices spawned by the 1857 Dred Scott decision which denied that blacks were entitled to citizenship under the Constitution. Surely it cannot be seriously argued that the authors of the 14th Amendment had in mind babies born to residents of Mexico, Guatemala, Honduras, and El Salvador who managed to sneak their pregnant bodies past a U.S. Border Patrol that didnt exist yet in violation of immigration laws that hadnt been written yet?
Like abortion rights, which were divined from the penumbras and emanations said to be lurking somewhere in that document, supporters of birthright citizenship say, well, the language is imprecise and the authors didnt really mean to exclude the offspring of Guatemalans born in states which didnt exist in 1868. This is a clear violation of the Scalia originalist doctrine.
(Excerpt) Read more at americanthinker.com ...
Speaking to reporters outside the White House on Wednesday, President Trump again threatened to end what he called the "ridiculous" policy of birthright citizenship, which awards citizenship automatically to those born in the United States.
"We're looking at that very seriously," Trump told reporters as he left the White House for Kentucky. "Birthright citizenship, where you have a baby on our land -- you walk over the border, have a baby, congratulations, the baby's now a U.S. citizen. We're looking at it very, very seriously ...It’s, frankly, ridiculous."
The previous administration had Scalia murdered....
RE: The previous administration had Scalia murdered....
So, why doesn’t his family insist on an investigation?
"Oh, you don't like me messing with the Constitution?"
"How about you idiots quit attacking:
Freedom of Speech,
Free exercise of Religion,
The right to bear arms,
Illegal Search and Seizure,
No body, no evidence left ...
The cover up was quick and unquestioned by the left wing media.
No wonder though that the Democrats were so upset about not getting the Justice they’d killed for!
Imagine the accidents and heart attacks had Hillary run? I’m betting Thomas would have slipped in the shower by now.
“Won” not run.
This action is long overdue. The 14th Amendment was to assure freed slaves they were citizens and could vote. I believe a court case if properly framed will pass muster at SCOTUS.
Same thing he said during his Campaign. Was no one listening?
No, he said they were thinking of it. Wake me when he does.
The intentional misinterpretation of the 14th amendment has been going on way too long and needs to be stopped.
The List of Comprehensive Immigration Enforcement, missing since 1987.
Birthright citizenship is just one of many necessary adjustments we need to make.
The List goes like this -
1) southern barrier;
2) require eVerify to hire;
3) end all chain migration;
4) birthright per Minor v. Happersett (plural parents);
5) end work visas;
6) 10-year moratorium on all new applications for citizenship (40 years to allow workplace automation effects on downsizing population);
7) Set up an illegal aliens victim restitution fund.
Enactment of these provisions will motivate illegal aliens to SELF-deport.
Also consider reciprocation of the laws of the countries of origin of the illegal aliens. For example, Mexico doesnt allow land ownership close to borders or voting to immigrants, and doesnt honor birthright citizenship like its citizens expect from the U.S. We should offer the same deal to them.
President Trump is dead serious on this and he will win.
The 14th Amendment was to assure freed slaves they were citizens and could vote.
What? The legislators who enacted that amendment didn’t intend to approve birth tourism? To grant citizenship to children of sneak-ins or border crashers?
To the men who wrote the Constitution the term “natural born citizen meant, born here of citizen parents.
NATURALLY a citizen because it is not possible to be anything else.
Anyone born with more than ONE nationality CANNOT be a natural born citizen.
Obviously, the States which ratified the 14th Amendment had no idea they were approving baby-killing, sodomy, and homosexual marriage! And who knows what rights the pervs on the supreme Court will find next? A right to have sex with children, perhaps? Since you can kill them, why cant you have sex with them?
Section 1 of the 14th Amendment says:
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
The key is not just being born in the United States, but being born subject to the jurisdiction of the United States.
The 14th Amendment does NOT confer citizenship on babies of illegals born here just as it does not confer citizenship on the babies of foreign diplomats stationed here. Babies born here of illegal aliens are not citizens of the United States b/c their illegal alien parents are subject to the jurisdiction of the Country they left.
The phrase “subject to the jurisdiction thereof” was intended to exclude American-born persons from automatic citizenship whose allegiance to the United States was not complete. With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship.
As with most cases of our government bastardizing the interpretation of our Constitution some serious housecleaning needs be done.
I have grown very weary of politicians who vote to illegally extend our generous social benefits to illegal aliens and other criminals.
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