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Birthright Citizenship, the 14th Amendment and the Inertia of Indifference
The Post Email Newspaper ^ | 30 Jun 2026 | Joseph DeMaio

Posted on 06/30/2026 1:43:51 PM PDT by CDR Kerchner

Heads up, faithful P&E readers: this is big. The Supreme Court has released its decision in Trump v. Barbara, the “birthright citizenship” case that has attracted much attention since President Trump issued his Executive Order 14160 immediately after assuming office for his second term. Cutting to the chase, the Court in an opinion authored by Chief Justice Roberts has today invalidated the Executive Order.

While the decision, of course, will have massive impact on 14th Amendment scholarship, it might well have an equal or greater impact on the different, yet related issue of who can be (or who cannot be) president or vice-president as a “natural born Citizen” (“nbC”) under the Constitution’s “Eligibility Clause,” Art. 2, § 1, Cl. 5.

The majority opinion concludes, in effect, that despite the fact that we’ve been misinterpreting the Framers’ intent and doing so for so many years, because so many people have come to rely on that wrong interpretation – and by the way, without regard to the fact that no one already born here to illegal alien parents would lose his or her erroneously and improperly acquired citizenship, the Executive Order operating prospectively only, a fact overlooked and disregarded by its opponents, including SCOTUS – we, a majority of the Justices of SCOTUS, now ratify the continuation of wrongly interpreting the intent of the Framers of the 14th Amendment …, but we now just change the label from “wrongly” to “correctly.” Easy peasey. ... continue reading via the link

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


TOPICS: Constitution/Conservatism; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: 14thamendment; birthrightcitizen; constitution; fourteenthamendment; illegalaliens; thedayamericadied

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A weak, split decision. It's now up to Congress to resolve this. But as usual the Congress will likely duck the issue too and not do what is right for the country to stem the tide of the abusive tourism birthright citizenship scam and the magnet for illegal immigration the current status quo creates.
1 posted on 06/30/2026 1:43:51 PM PDT by CDR Kerchner
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To: CDR Kerchner

In the old Roman Empire, it was never really clear to me what their Senate did. It seemed like a club for old, rich, “important” people who didn’t govern much at all. It was the Emperor and the Military that really ran the Empire.

Today, in America, I don’t see Congress doing much at all. President Trump certainly tries to lead the nation and he does it pretty well. But I feel like the Judicial Branch is really running the show these days.


2 posted on 06/30/2026 1:51:15 PM PDT by ClearCase_guy (Enoch Powell warned us about Rivers of Blood. Well, I sure hope they're coming. It's the only fix.)
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To: All

Need to end all immigration until the problem is fixed


3 posted on 06/30/2026 1:52:52 PM PDT by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: CDR Kerchner

The amendment specifically designed to destroy America.


4 posted on 06/30/2026 1:56:31 PM PDT by FlingWingFlyer (No Kings in America! Defund and Abolish the Feral DemonRAT Judiciary NOW!!!)
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To: CDR Kerchner

The public won’t be indifferent now. The Dem/left’s only hope in regards to that is that it won’t gain traction.


5 posted on 06/30/2026 2:03:44 PM PDT by TigersEye (The Democrat Party - like the love child of La Cosa Nostra and Al Qaeda )
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To: CDR Kerchner

6 posted on 06/30/2026 2:08:08 PM PDT by PROCON (Sic Semper Tyrannis)
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To: CDR Kerchner

Everyone should find Ted’s grave and piss or defecate on it...
He knew, and planned for, the obvious future...


7 posted on 06/30/2026 2:12:29 PM PDT by SuperLuminal (Where is rabble-rising Sam Adams now that we need him? Is his name Trump, now?)
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To: CDR Kerchner

Laws are made by Congress, not Presidents or courts. The president has limited authority that is readily blocked and the Supreme Court looks at constitutionality of laws and orders; it doesn’t make new laws up where it thinks they are needed. Like so many other things, it it the job of Congress to fix this and we know they are too weak and corrupt to do so.

As much as he annoys me, Rand Paul is the only one pursuing an actual 100% guaranteed-to-solve-this solution: a constitutional amendment aimed at ending automatic birthright citizenship for children born in the U.S. to undocumented immigrants.


8 posted on 06/30/2026 2:14:18 PM PDT by bigbob (We are all Charlie Kirk now)
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To: escapefromboston

Agreed.


9 posted on 06/30/2026 2:19:25 PM PDT by No name given ( Anonymous is who you’ll know me as )
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To: FlingWingFlyer

Along with the 16th, 17th and 19th amendments.


10 posted on 06/30/2026 2:20:01 PM PDT by No name given ( Anonymous is who you’ll know me as )
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To: bigbob

It won’t solve the problem because it would be impossible to get the amendment passed.


11 posted on 06/30/2026 2:21:21 PM PDT by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: escapefromboston
If you want to see how this is not necessary, go read Brett Kavanaugh’s concurrence.

He lays out how the issues of birth tourism and illegal aliens can be dealt with statutorily by adding to the Nationality Act of 1940 with a simple majority of congress.

12 posted on 06/30/2026 2:36:14 PM PDT by rdcbn1 (..when poets buy guns, tourist season is over................Walter R. Mead)
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To: escapefromboston
If you want to see how this is not necessary, go read Brett Kavanaugh’s concurrence.

He lays out how the issues of birth tourism and illegal aliens can be dealt with statutorily by adding to the Nationality Act of 1940 with a simple majority of congress.

13 posted on 06/30/2026 2:36:14 PM PDT by rdcbn1 (..when poets buy guns, tourist season is over................Walter R. Mead)
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To: bigbob
Yep, Rand is right on this, and is taking steps to solve the problem.

14 posted on 06/30/2026 2:37:04 PM PDT by chud
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To: rdcbn1

He lays out how the issues of birth tourism and illegal aliens can be dealt with statutorily by adding to the Nationality Act of 1940 with a simple majority of congress.

- - - - - - -

There are 5 people on the Supreme Court that disagree with Kavanaugh.


15 posted on 06/30/2026 2:38:26 PM PDT by TTFX
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To: rdcbn1

Okay, is anybody doing that? How do we get the ball rolling? Our country is at stake.


16 posted on 06/30/2026 2:39:22 PM PDT by Nea Wood ( I remember America.)
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To: CDR Kerchner

If you are holding your breath for the RINO weak-kneed, limp pecker, republican party to do a danged thing, forget it!!!!!!!!!!!! This career, money-grubbing, don’t give a crap about America, only their wallet, republicans, we are screwed!!! FORGET they will EVER accomplish ANYTHING!!!


17 posted on 06/30/2026 2:40:43 PM PDT by RetiredArmy (The Bible speaks truth! Don't believe it, you do so at your own peril. You'd better be right!!)
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To: No name given

14th, 16th, 17th, and 19th?
That’s a damn fine shopping list right there.
Let’s get moving on them.
Or, bring them to an Article V convention. That will indicate whether they can gain immediate traction with the people.


18 posted on 06/30/2026 2:42:20 PM PDT by PubliusMM (Liberalism is a mental disease.)
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To: No name given

“Along with the 16th, 17th and 19th amendments.”
____________________________________________________________

Why not add the 1st, 4th, 5th, and 6th amendments?


19 posted on 06/30/2026 2:45:33 PM PDT by Bob Wills is still the king
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To: RetiredArmy

The far-left tactics and long-term strategy taught by the linguist (who taught to manipulate language to defeat the west’s constitutions) and one of the founders of the Italian Communist Party, i.e., Antonio Gramsci, and whose teachings were adopted and promoted by Saul Alinsky to the radicals of the 60’s and 70’s has to a great extent worked in this country: https://cdrkerchner.wordpress.com/?s=Antonio+Gramsci That and the teachings of the Cloward-Piven Strategy, i.e., overload the system and collapse it (the massive illegal immigration with its primary, secondary, and tertiary effects is one example of that strategy) to enable a socialist takeover as the solution are blossoming in full view and SCOTUS and Congress are letting it happen. See this link for more on the Cloward-Piven Strategy: https://cdrkerchner.wordpress.com/2011/07/26/the-cloward-piven-strategy-the-progressive-lefts-plan-long-term-is-now-collapsing-our-economy-cdr-kerchners-blog/

The Chief Justice John Roberts led U.S. Supreme Court’s decisions are leading the country to ruin.

CDR Kerchner (U.S. Navy Retired)


20 posted on 06/30/2026 2:46:43 PM PDT by CDR Kerchner ( retired military officer, natural law, Vattel, presidential, eligibility, natural born Citizen )
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