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To: nesnah

Where? Don’t say the 14th Amendment.


While I’m pretty sure the authors of the 14th meant to ensure the citizenship of black people born in America, thus overturning the Dred Scott decision, the words they wrote mean that anyone born in the U.S. (except to diplomats and, at the time, Indians) were citizens upon their birth.

An executive order cannot overturn this. President Trump and/or his advisors should know this.


17 posted on 05/30/2023 11:14:01 AM PDT by hanamizu
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To: hanamizu

No SCOTUS decision on point.

Lots of “judicial noticing” going on, though.

https://supreme.justia.com/cases/federal/us/542/507/

Hamdi v. Rumsfeld, 542 U.S. 507 (2004)
Overview Opinions Materials
Granted:
January 9, 2004
Argued:
April 28, 2004
Decided:
June 28, 2004
Annotation
PRIMARY HOLDING
U.S. citizens may be designated as enemy combatants, but due process rights still apply to any U.S. citizens in detention. They also have the right to a hearing on enemy combatant status before a neutral tribunal.


28 posted on 05/30/2023 11:23:38 AM PDT by one guy in new jersey
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To: hanamizu

Except it did NOT mean everyone born in the US were citizens, because American Indians were given citizenship many years AFTER the 14th Amendment was passed.

The important part is the “under the jurisdiction thereof” and THAT is the crux of the 14th Amendment that no one wants to really try to understand.

Many today assume the second half of the citizenship clause (”subject to the jurisdiction thereof”) merely refers to the day-to-day laws to which we are all subject. But the original understanding referred to political allegiance. Being subject to U.S. jurisdiction meant, as then-Chairman of the Senate Judiciary Committee Lyman Trumbull stated, “not owing allegiance to anybody else [but] subject to the complete jurisdiction of the United States.” The author of the provision, Sen. Jacob Merritt Howard of Michigan, pointed out that the jurisdiction language “will not, of course, include foreigners.” ~ Matthew Spalding, Asst. Dean Hillsdale College

As a matter of fact, people claim that US v. Wong Kim Ark proves that children born to illegal alien children are given automatic birthright citizenship, but Wong’s parents were here LEGALLY! They were permanent residents.

Birthright citizenship is predicated on the feudal system where all persons born on the King’s land were automatic subjects of that King...it was more of an OWNERSHIP designation; kind of like you have a “right” to be subjugated by the King!

However, by forcing America to accept and ultimately PAY FOR every person that happens to slip over a line in the middle of the night and drop out a kid is completely antithetical to America’s concept of equal rights and consent of the governed. We have a legal and moral right to decide who we allow to become American citizens - PERIOD!


107 posted on 05/31/2023 4:49:35 AM PDT by ExTxMarine
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