Posted on 05/30/2023 10:56:48 AM PDT by SoConPubbie
When Trump brought it up the first time in his first term the democrats and media responded with calling Trump racist.
More Executive Orders, eh? How’d that work out the first time around?
If illegal aliens are not subject to the jurisdiction of the US, then they are not required to follow our laws and cannot be tried for crimes. At most, they can be expelled from the country. But the children of aliens, illegal or legal, born on the United States were held to be citizens by birth long before the 14th Amendment came along.
Illegal aliens are not under the jurisdiction. It’s why they are called illegals.
At the time of the 14ths writing and ratification free blacks and freedmen were certainly subject to the jurisdiction of the U.S. and the states, but some states were trying to deprive them of citizenship, which was legal under SCOTUS’s Dred Scott decision which held that blacks, free or slave (at the time) were not citizens.
Diplomats are not subject to the jurisdiction of the U.S. or the states, so children of diplomats do not receive U.S. citizenship if they are born here. At the time, Indians were only subject to U.S. and state laws when they interacted with non-Indians or when they found themselves in settled areas. What they did to each other wasn’t our business and in their own lands they were considered sovereign.
This is not to say that ending ‘birthright citizenship’ isn’t without merit, since the writers of the 14th were really just trying to make sure that blacks born here were citizens. I doubt they even imagined women coming over the border to have kids and win the citizenship jackpot. I can see where a case could be made to look at the writers’ intent.
But an executive order isn’t going to do the trick.
and on Day 2 a federal judge will block him
Times that by a factor of three and you will be in the ballpark.
“I will sign an executive order making clear to federal agencies that under the correct interpretation of the law going forward the future children of illegal aliens will not receive automatic U.S. citizenship”
Since birthright citizenship was established by the Supreme Court, I don’t think an EO is going to cut it.
“Illegal aliens are not under the jurisdiction.”
Cool, so they can’t be arrested for breaking our laws then. That’s what you are saying.
How is Wong Kim Ark the precedent?
Wong Kim Ark's parents were here LEGALLY. They had full legal resident status.
Great post, thanks! It’s all about the truth and what’s best for America. I think you summed it up that this is all about giving Trump “a second chance” to do it right this time, or not. Some think he deserves it, others don’t. As for me I think the odds are going steadily down by the day, and he definitely won’t make it to 2028 in office either way.
i disagree it just needs to be interpreted correctly
Yes, I think you describe the original intent.
Which puts the ball in their court (any legislator who wants to legalize anchor babies), not ours.
those coming here without emigrating would not be under US jurisdiction therefore the 14th Amendment does not apply.
show me where birthright citizenship was upheld by SCOTUS.
it was specifically ruled out by those that created the amendment.
the key is “and subject to the jurisdiction thereof”
unless they’re emigrating to the US, foreigners are not subject to US jurisdiction
try again
the deep state is on board with flooding the country with illegals and have been for decades. they’ve avoided the issue coming before SCOTUS
if you read the writings by the author of the Amendment, written after adoption, you can see birthright citizenship was never to be allowed
"The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens."
"The [Fourteenth Amendment] in clear words and in manifest intent, includes the children born within the territory of the United States of all other persons, of whatever race or color, domiciled within the United States."
The 14th would have to be amended or Kim Wong Ark overturned.
I think you should pass that along to President Trump as he is the one that mentioned an EO.
So instead of an EO, what does he propose? Because he’s going to have to work with Congress to enact his agenda.
I wish he was President already. He could have saved us from all of this!
Illegals are subjects of the country they came from. In other words, Mexicans who enter illegally are STILL Mexican citizens. They are NOT USA citizens just because they crossed the border. They still have allegiance to Mexico.
As to whether they have diplomatic immunity, no because they are not registered agents of Mexico otherwise they would be able to commit crimes and not be arrested (just like diplomats). Being a non-registered agent does mean they are “under the juristiction”.
You go and try giving birth in Mexico to see if they give your kid automatic Mexican citizenship. It ain’t happening.
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