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Trump questions the legality of the Constitution
MSNBC ^ | 8/19/2015 (1 hour ago) | Steve Benen

Posted on 08/19/2015 7:31:05 AM PDT by Laissez-faire capitalist

A few days ago, Republican presidential hopeful Donald Trump unveiled an actual immigration policy, which included a striking provision: "End birthright citizenship."

As regular readers know, the 14th Amendment to the Constitution doesn't leave much in the way of wiggle room: the rights of American citizenship are given to "all persons born or naturalized in the United States." The principle of birthright citizenship has been upheld by the Supreme Court many times since its enactment following the Civil War.

If the Constitution says those born in the United states are citizens of the United States, what exactly does Trump intend to do about it?

Under the 14th Amendment [Fox News Bill O'Reilly] told Trump on "The O'Reilly Factor," "mass deportations of so-called birthright citizens cannot happen. Trump disagreed, and said that "many lawyers are saying that's not the way it is in terms of this."

Indeed, many assumed that Trump envisions a constitutional amendment to end birthright citizenship. He does not. What Trump actually has in mind is a court fight in which he and his lawyers challenge the legality of constitutional language.

There's an apparent contradiction at the heart of Trump's immigration plan: he says he'd never break up a family, but he also says literally every undocumented immigrant must be rounded up and deported. Since some undocumented parents have US-born children, those tenets are in conflict: a Trump administration would either separate children from their families or it would end up deporting American citizens.

Trump could try to push for a constitutional change, but he'd rather prefer a shortcut. "It's not a long process, and I think it would take too long," he said last night. "I'd much rather find out whether or not anchor babies are citizens because a lot of people don't think they are." ...

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: 14thamendment; a14; aliens; anchorbabies; birthright; constitution; donaldtrump; immigration; trump
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Who are these unnamed very, very good lawyers?

"Upheld by the Supreme Court many times since its enactment following the Civil War." IOW, Stare Decisis.

Focus on securing the northern and southern borders first, as Hannity has said many times, and then go from there later on. IOW, end illegal immigration and you have pretty much ended the problem.

One may have at best a long-shot at ending all future citizenship to children born of illegals but to now try and strip those (born to an illegal immigrant) of their US citizenship - a citizenship they may have held for years - is a ticket to defeat in 2016.

Ezekiel 18:20 "The son shall not suffer for the iniquity of the father..."

1 posted on 08/19/2015 7:31:05 AM PDT by Laissez-faire capitalist
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To: Laissez-faire capitalist; All

Good luck getting most Evangelicals and Catholics on board with this...

Ezekiel 18:20 “The son shall not suffer for the iniquity of the father...”


2 posted on 08/19/2015 7:33:18 AM PDT by Laissez-faire capitalist
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To: Laissez-faire capitalist

This isn’t what Trump said at all and if anyone listened to Mark Levin’s show yesterday - Trump was right. They are misreading what the 14th Amendment says and means. All Congress has to do is pass a law - simple as that.


3 posted on 08/19/2015 7:33:23 AM PDT by Catsrus (The Great Wall of Trump - coming to a southern border near you.)
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To: Laissez-faire capitalist

No he didn’t..

he just doesn’t want illegal aliens misusing the Constitution to make their anchor babies “legal”


4 posted on 08/19/2015 7:33:35 AM PDT by Tennessee Nana
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To: Laissez-faire capitalist

“many lawyers” my a**. Not a lawyer alive worth 2 cents who thinks that. My position on immigration aside, the 14th Amendment is stone cold clear about this issue.

Where did this new breed of “destroy the Constitution” conservatives come from?


5 posted on 08/19/2015 7:33:45 AM PDT by RIghtwardHo
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To: Laissez-faire capitalist

Trump didn’t question the legality of the Constitution.

He did question the leftist interpretation of the 14th Amendment.


6 posted on 08/19/2015 7:33:47 AM PDT by dforest
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To: Laissez-faire capitalist

I would LOVE to see people attempt to run against Trump on this.

It would be like tossing a jellyfish into a wood chipper. Most Americans DESPISE the tactic of birthing a kid in the U.S. in order to avoid deportation.


7 posted on 08/19/2015 7:34:40 AM PDT by VanDeKoik
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To: Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; 2ndDivisionVet; ...

PING


8 posted on 08/19/2015 7:34:51 AM PDT by Tennessee Nana
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To: Laissez-faire capitalist

Headline is wrong, article is crap.


9 posted on 08/19/2015 7:36:28 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Catsrus

Strawman.

Has Trump suggested Congress getting involved?

Not that I have seen...


10 posted on 08/19/2015 7:36:30 AM PDT by Laissez-faire capitalist
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To: RIghtwardHo

Frankly, it just must be you that sees a new breed of destroy the Constitution conservatives.

I haven’t found one around here yet.


11 posted on 08/19/2015 7:36:44 AM PDT by dforest
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To: Laissez-faire capitalist
I am tired of dishonest headlines that put the most inflammatory twist to events.

Trump did not question the legality of the Constitution. He specifically addressed problems with the 14th amendment.

BTW, when was the last time that Leftist-Progressive-Commie pukes gave a rats a** about the Constitution anyway!

12 posted on 08/19/2015 7:36:45 AM PDT by Awgie (truth is always stranger than fiction)
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To: Laissez-faire capitalist
Trump questions the legality of the Constitution

It's funny how when a Leftoid plan (swarm elections with illegal voters) is in jeopardy, how quickly they will repair to the Constitution, if they think that will save them.

A pox on the Constitution. As Lysander Spooner said, it either gave us the government we have now, or it has been unable to prevent it.

13 posted on 08/19/2015 7:37:08 AM PDT by backwoods-engineer (AMERICA IS DONE! When can we start over?)
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To: Laissez-faire capitalist

“One may have at best a long-shot at ending all future citizenship to children born of illegals but to now try and strip those (born to an illegal immigrant) of their US citizenship - a citizenship they may have held for years - is a ticket to defeat in 2016. “

They aren’t U.S. citizens.

And you can stop the talk about “securing borders” if you leave this loophole in place. Any fool that tries hard enough can simply sneak in by boat or fly in for “vacation”, give birth, and they are now official Americans just like you.


14 posted on 08/19/2015 7:37:37 AM PDT by VanDeKoik
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To: Tennessee Nana

Neither do I or most Republicans.

But how long is long?

What is, is?

Come here and drop the baby right after crossing the border?

1 day after? 1 week after? 1 year after. 5 years after

Think these things through.


15 posted on 08/19/2015 7:37:55 AM PDT by Laissez-faire capitalist
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To: Laissez-faire capitalist

The writer forgot or chose to leave out “and subject to the jurisdiction thereof” part of the 14th amendment. That’s quite an omission.


16 posted on 08/19/2015 7:38:02 AM PDT by lakecumberlandvet (APPEASEMENT NEVER WORKS.)
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To: Laissez-faire capitalist

“As regular readers know, the 14th Amendment to the Constitution doesn’t leave much in the way of wiggle room: the rights of American citizenship are given to “all persons born or naturalized in the United States.” The principle of birthright citizenship has been upheld by the Supreme Court many times since its enactment following the Civil War.”

This guy is as well-schooled on the constitution as Chris Cuomo. If he really wants to be well read, he should read a transcript of Mark Levin’s show on this issue or consider Ann Coulter’s article from a few years back:

http://www.freerepublic.com/focus/f-news/3326292/posts


17 posted on 08/19/2015 7:39:31 AM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: Laissez-faire capitalist
I think the line in the Constitution from the 14th amendment is, “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.” What that means is that "and subject to the jurisdiction thereof" doesn't allow foreign citizens the right to have their children become citizens. We disallow foreign govt officials and military the right to have their children get U.S. citizenship.
18 posted on 08/19/2015 7:40:21 AM PDT by Vic S
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To: bigbob

Headline is wrong, article is crap.

************
Headline is lie. Source of article (MSNBC) is not credible.


19 posted on 08/19/2015 7:40:30 AM PDT by Starboard
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To: Laissez-faire capitalist

No one is stripping citizenship from citizens. People love to put words in other peoples’ mouths.


20 posted on 08/19/2015 7:40:32 AM PDT by ilgipper
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