Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The First Trump Exec Order Lawsuit is Here
FrontPage Magazine ^ | Ja 20 2025 | Daniel Greenfield

Posted on 01/21/2025 2:23:28 AM PST by texas booster

That didn’t take long, but we knew it wouldn’t. Lefty organizations have been fundraising off their promises to fight Trump for a decade now. And since most of them aren’t going to be organizing protests and there are no more presidential elections coming up featuring Trump, that mostly means suing the federal government.

Don’t underestimate lawfare. A barrage of lawsuits helped slow the Trump agenda to a crawl in his first term so it was always going to be a rush out of the gate. And the ACLU got in first with a lawsuit challenging an end to birthright citizenship for children born to illegal aliens.

The ACLU knew this was coming and its lawsuit is underwhelming and depends heavily on the 14th Amendment, which did not create birthright citizenship, but protected the rights of freed slaves.

Everyone knows this, but the Left likes to pretend otherwise.

And the ACLU doesn’t have much of anything in this lawsuit except a battle over the meaning of the 14th Amendment. That and the Administrative Procedures Act which is the laziest and most unconstitutional attack on any law, but it has worked before.

So it may work again.


TOPICS: Culture/Society; Government; Politics/Elections
KEYWORDS: aclu; aliens; birthright; danielgreenfield; greenfield; soros; sultanknish; trump
Navigation: use the links below to view more comments.
first 1-2021-34 next last
Short commentary about the ACLU.
1 posted on 01/21/2025 2:23:28 AM PST by texas booster
[ Post Reply | Private Reply | View Replies]

To: 100American; 21twelve; 2nd amendment mama; A Conservative Thinker; Absolutely Nobama; ...
Daniel Greenfield, a Shillman Journalism Fellow at the David Horowitz Freedom Center, is a New York writer focusing on radical Islam and leftism.

The ACLU knew this was coming and its lawsuit is underwhelming and depends heavily on the 14th Amendment, which did not create birthright citizenship, but protected the rights of freed slaves.

Ping out to the Daniel Greenfield Ping! list.

As always, please FReepmail me if you want on or off the esteemed Daniel Greenfield ping list.

Daniel Greenfield's website: The Sultan Knish blog

2 posted on 01/21/2025 2:24:21 AM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Time to make it openly known to Roberts he is being investigated with a magnifying glass. Because he is compromised and about to try and thwart everything Trump is doing. He needs to be made to walk on pins and needles and think twice about trying to redefine the Constitution.


3 posted on 01/21/2025 2:35:48 AM PST by Openurmind
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

May God’s hand move and protect Americans from those wanting to stop American leaders’ desires to serve and protect Americans.


4 posted on 01/21/2025 2:38:15 AM PST by no-to-illegals (The enemy has US surrounded. May God have mercy on them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster
This is great. Right off the bat, Trump is asking the courts: is Chinese birthing tourism legitimate or not? This is your precedent. Please choose wisely.


5 posted on 01/21/2025 2:39:25 AM PST by Right_Wing_Madman
[ Post Reply | Private Reply | To 1 | View Replies]

To: no-to-illegals
"May God’s hand move and protect Americans from those wanting to stop American leaders’ desires to serve and protect Americans."

Amen

6 posted on 01/21/2025 2:49:03 AM PST by KitJ (Shall not be infringed...)
[ Post Reply | Private Reply | To 4 | View Replies]

To: texas booster
"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 highlighted part is what determines if the spawn of a foreign couple is a USA citizen or not. If neither parent is a USA citizen then they are subjects of their country of origin. Regardless of where that birth occurs, any children they produce are subjects of that same country, not the USA. If the parents are both illegals and produce a dependency on US soil, I agree with Homan. Do not separate the families - send 'em all back.

7 posted on 01/21/2025 2:52:24 AM PST by ByteMercenary (Liberalism is a mental disorder.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Go ahead, ACLU... this is a fight you can’t win. Set that precedent for us all.


8 posted on 01/21/2025 3:11:04 AM PST by alancarp (George Orwell was an optimist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Notice President Trump did this within a couple hours of being sworn in, the GOPe didn’t do it with a half-century to work with. I rejoice in these coward sellouts getting slapped stupid and hope we evolve into a MAGA party rather than a uniparty.


9 posted on 01/21/2025 3:21:28 AM PST by quantim (Victory is not relative, it is absolute.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Trump thinks in 3D and IMHO has this in his strategy.


10 posted on 01/21/2025 3:23:52 AM PST by CptnObvious
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Rest assured, they have their venues/prosecutors/Judges lined up, to continue the Lawfare of the past 9 years.


11 posted on 01/21/2025 3:28:17 AM PST by traditional2 ("Is it them, again, Yogi?")
[ Post Reply | Private Reply | To 1 | View Replies]

To: alancarp

I expect that this part will be true.

If we can’t choose who can be a citizen, then why?


12 posted on 01/21/2025 3:30:11 AM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: texas booster

Trump needs to do with the 14th Amendment what Joe Pedo did to the 28th Amendment. Just throw it out the same way the fag Joe Pedo declared the 28th as being declared passed by him.


13 posted on 01/21/2025 3:40:09 AM PST by FlingWingFlyer (The Dark Days are over. We don't want your criminals. Stop sending your scum to America!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

SCOTUS better step up and keep things rolling.


14 posted on 01/21/2025 3:41:10 AM PST by TigerClaws
[ Post Reply | Private Reply | To 11 | View Replies]

To: texas booster

FCLU - Foreign Civil Liberties Union? Enemies domestic.


15 posted on 01/21/2025 3:44:09 AM PST by PGalt (Past Peak Civilization?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

Because Trump officially termed the illegal aliens part of “an Invasion”, my guess that triggers the clause in the Constitution stating that Children of an Invading Army are not citizens.


16 posted on 01/21/2025 3:50:34 AM PST by MMusson ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

https://www.aclu.org/
Inauguration resistance guide


17 posted on 01/21/2025 3:52:24 AM PST by PGalt (Past Peak Civilization?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

They have already started up a fund to impeach Trump.


18 posted on 01/21/2025 3:54:51 AM PST by roving (Deplorable MAGA Garbage )
[ Post Reply | Private Reply | To 1 | View Replies]

To: texas booster

https://patriots.win/p/19AKArkNLa


19 posted on 01/21/2025 3:55:26 AM PST by PGalt (Past Peak Civilization?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ByteMercenary

atified in 1868, the 14th Amendment opens with the Citizenship Clause. It reads, “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 Supreme Court addressed the meaning of this key provision in United States v. Wong Kim Ark. Wong Kim Ark was born in San Francisco to parents who were both Chinese citizens. At age 21, he took a trip to China to visit his parents. When he returned to the United States, he was denied entry on the grounds that he was not a U.S. citizen. In a 6-2 decision, the Court ruled in favor of Wong Kim Ark. Because he was born in the United States and his parents were not “employed in any diplomatic or official capacity under the Emperor of China,” the Citizenship Clause of the 14th Amendment automatically made him a U.S. citizen. This case highlighted a disagreement between the justices over the precise meaning of one key phrase in the Citizenship Clause: “subject to the jurisdiction thereof.”

vs

The Citizenship Clause establishes the principle of birthright citizenship, but there are exceptions to this general rule; the key language reads “subject to the jurisdiction thereof”; this means that the non-citizen must owe full allegiance to the United States and to no other country. “This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof.’ The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized, either individually, as by proceedings under the naturalization acts, or collectively, as by the force of a treaty by which foreign territory is acquired.”

https://constitutioncenter.org/education/classroom-resource-library/classroom/14.4-primary-source-united-states-v-wong-kim-ark-1898#:~:text=The%20Citizenship%20Clause%20establishes%20the,which%20foreign%20territory%20is%20acquired.%E2%80%9D

Such that it is time to revisit this 1898 ruling. There was dissent at that time as there is dissent now, especially after the abuse over the last 4 years.

It is a matter of jurisdiction. Do illegal aliens who fail to naturalize have jurisdictional protection of the United States? If they continue to hold allegiance to their native country, it would appear ...no they do not and entire families could be deported.

It is also of note that failure to obey our laws is grounds for deportation or in some cases even considered treason.

Big concepts to be argued here over 100 years later.

It appears to this novice...if no treaty exists between countries to accept these persons...they are not citizens unless they naturalize.


20 posted on 01/21/2025 3:59:03 AM PST by EBH (America Blackmailed, The True Story of the World War...Coming Soon (1/21-))
[ Post Reply | Private Reply | To 7 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-34 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson