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Don’t Count on SCOTUS to End Birthright Citizenship, Send it to Congress
RCP ^ | 03/08/2025 | Jacob Grandstaff

Posted on 03/08/2025 2:34:46 PM PST by Az Joe

Leaving birthright citizenship to the Roberts court is walking into a minefield – legislation is the smarter route to end this unnecessary relic of the 19th century. Here’s why. If conservatives are counting on the Supreme Court to rule birthright citizenship for illegal aliens unconstitutional, think again – it isn’t the slam dunk many believe it to be. But that doesn’t mean there isn’t a better path to abolishing this disastrous policy for good.

(Excerpt) Read more at realclearpolitics.com ...


TOPICS: Constitution/Conservatism; Government; Miscellaneous; News/Current Events
KEYWORDS: aliens; anchorbabies; birthright; citizenship; congress; dontcountonscotus; trump
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1 posted on 03/08/2025 2:34:46 PM PST by Az Joe
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To: Az Joe
Sending it to Congress won't matter if the Supreme Court rules Congress's law unconstitutional.

Ultimately, a Constitutional Amendment might be the only sure way.

2 posted on 03/08/2025 2:36:53 PM PST by Angelino97
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To: Az Joe

Bryant will rule against America. Just look at her trophy UN family. She’s as anti-American as all Dems are.


3 posted on 03/08/2025 2:41:48 PM PST by HYPOCRACY (Long live The Great MAGA Kangz!)
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To: Az Joe

There’s no way in hell that a bill would get through the House *or* the Senate with these razor thin majorities.


4 posted on 03/08/2025 2:45:37 PM PST by Gay State Conservative (Import The Third World,Become The Third World)
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To: Az Joe

Congress is totally corrupt and will vote the way they’re paid to.


5 posted on 03/08/2025 2:45:42 PM PST by dljordan
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To: HYPOCRACY

It is a 5-4 TDS court. We are screwed.


6 posted on 03/08/2025 2:45:49 PM PST by gibsonguy
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To: Az Joe

No, Roberts and Barrett will vote with the three democrat shrews.
Section 5 of the 14th Amendment empowers Congress to define who is included/excluded by the clause “and subject to the jurisdiction thereof”.


7 posted on 03/08/2025 2:46:11 PM PST by oldbill
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To: gibsonguy

Yep. Maybe one of the bad ones will drop dead. Was the Federalist Society getting USAID money?

Also, Kavanaugh is not reliable at all. Another virtue signaling squish. Gorsuch is a libertarian so he’s probably all for third world trash coming here to spit out “citizens”. It’s really 5-2-2.


8 posted on 03/08/2025 2:53:19 PM PST by HYPOCRACY (Long live The Great MAGA Kangz!)
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To: Az Joe

The Robert’s Court is corrupted beyond redemption. ONLY Thomas and Alito consistently do their job, of upholding the Constitution, as written and intended.


9 posted on 03/08/2025 2:53:27 PM PST by traditional2 ("Is it them, again, Yogi?")
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To: Angelino97

‘ Ultimately, a Constitutional Amendment might be the only sure way.’

Concur


10 posted on 03/08/2025 2:54:35 PM PST by Fuzz
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To: All

Too many cowards in congress and the Supreme Court . There is no way they do the right thing
Plus most of the support the great replacement


11 posted on 03/08/2025 2:58:47 PM PST by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: Az Joe

They won’t. And they won’t take the case if it comes to them upholding. They want no part of that can of worms. Bank on it.


12 posted on 03/08/2025 3:05:10 PM PST by 3RIVRS
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To: Az Joe

RE: Don’t Count on SCOTUS to End Birthright Citizenship, Send it to Congress

I’m fine with that. Their individual votes will tell us WHO they actually think they serve — Americans or foreigners. This will be a clarifying moment.


13 posted on 03/08/2025 3:09:10 PM PST by SeekAndFind
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To: Az Joe

It is a congressional issue, not a judicial one. Besides, Roberts and the four gals will let us down.


14 posted on 03/08/2025 3:12:09 PM PST by ComputerGuy ( )
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To: Az Joe

Constitutional amendment is the right way to go. It’s what makes our country great.


15 posted on 03/08/2025 3:14:18 PM PST by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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To: Az Joe

As if he never heard of a filibuster.


16 posted on 03/08/2025 3:30:41 PM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: Az Joe

There IS no “guarantee of birthright citizenship.”

ONLY children of US Citizens, or those otherwise under the jurisdiction of our Constitution (those living in territories, on reservations, etc) NOT of a foreign country.

This is SO simple it’s why the founders left it alone and it wasn’t codified until the 1860’s AFTER the war between the states was settled.

“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.” - 14th Amendment

That pesky little coordinating conjunction “and” certainly does confuse people, especially the Effing lawyers today and for several decades who haven’t understood a WORD of our US Constitution.

Children born of parents who are NOT “subjects” (as in “subjects of the crown” - CITIZENS) can NOT BE citizens themselves by “birthright.”.

For reference: Coordinating Conjunctions

“And” is a coordinating conjunction used to join words, phrases, or clauses that are of equal importance and grammatical structure. It is one of the seven coordinating conjunctions in English, which can be remembered using the acronym FANBOYS (For, And, Nor, But, Or, Yet, So).

In the words of Supreme Court Justice Antonin Scalia (RIP) “The constitution says what it says and doesn’t say what it doesn’t say.”


17 posted on 03/08/2025 3:31:52 PM PST by normbal (normbal. somewhere in socialist occupied America ‘tween MD and TN)
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To: Az Joe

Outlaw birth tourism….that will end a lot of the problems.


18 posted on 03/08/2025 3:37:20 PM PST by kaktuskid (Ppl)
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To: Az Joe

Congress will never change this.
Too many lovers of illegals in Congress.


19 posted on 03/08/2025 3:45:44 PM PST by Ninaq (Nina)
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To: Az Joe
Don’t Count on SCOTUS to End Birthright Citizenship, Send it to Congress
20 posted on 03/08/2025 4:20:05 PM PST by Savage Beast (There's a Light over the Whole World. I just want everybody to be happy, healthy and well. --DJT)
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