Posted on 02/02/2025 6:37:37 AM PST by george76
BTTT
I think the Trump admin is hoping this will go to SCOTUS - but with Coney-Barrett, Kavanaugh and Roberts, it may not be the win the Trump admin thinks it will be.
United States v. Wong Kim Ark (page 45):
“The foregoing considerations and authorities irresistibly lead us to these conclusions: The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.”
https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf
I’ve wanted this fight for more than 50 years. It’s way past time.
I'm glad I don't know what it's like to be that stupid.
Invaders who commit crimes should be removed. This is something Team Trump has legal authority to do.
The non-thug invaders should be financially squeezed by all means we can think of, hopefully right out of the USA”
1. no welfare, except Medicaid/Kidscare, for persons under age 2....
I think everyone knows this will go to SCOTUS, hopefully fairly soon. If SCOTUS allows anchor babies to continue, a Constitutional Amendment will have to be tried.
Marking.
Tribe and his tribe aren’t stupid. Like Upchuck Schumer he’s conniving.
“Resident aliens” precludes illegal aliens and temporary aliens, such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa.
I’m in too much of a rush right now to research it, but I heard that the 14th amendment was essentially a restatement of a civil rights law passed a year or so before, and the exclusion in it was a little wider in not allowing anyone with loyalty to another country. It would be interesting to see the legislative history of it and the discussions while writing the amendment.
I read that. No, not merely the paragraph, but the pathetic, EXTREMELY presuming arguments which rationalize birth citizenship while ignoring one aspect little discussed except from the position of Conservatives opposed to it:
Birth tourism.
Perhaps stating the obvious, IMHO:
The fundamental defect in all the ‘logic’ is that an infant confers the benefits of our government upon the parents.
That is a bold-faced lie born - ahem - of progressive emotional ‘logic’.
Logically, the benefits of citizenship for the infant do not apply until the child is of age - 18 - and, for all legal intents & purposes, is conferred dual citizenship at most, no different than a baby born to American parents while overseas who - in most, if not all, countries - possesses ONLY the benefit of citizenship of its parents.
The British Crown obviously viewed its isolation as an island country as an advantage which negated any need whatsoever for discussion of the problem posed by ‘birth tourism...’
...a problem they, too, grapple with to this day as they continue to be assaulted by illegal migration mostly from islamic countries.
Any SCOTUS argument in favor of birth citizenship to aliens which ignores the prima facie evidence posed by the negative effects of such upon UK et al is defective on its face.
But it is a die which has been rolled by DJT and one which we badly have needed to roll for decades.
This website elaborates upon the health benefits to children - and parents - of said US citizens
and this outlines the vast number of resources available to aliens, notwithstanding non-government sources
https://pifcoalition.org/checklist
And to those who would argue that there are mechanisms in place to check & balance abuse of provisions of the web of bureaucracy involved in alien benefits: I argue that you have never been privy to the resources available to said aliens to both navigate and negate such protections against abuse.
I have.
The amount of money each hardworking American family pays to facilitate this invasion is an insult to our core values.
I have argued for years that obamacare was not merely a socialized medicine push, but part of policy objectives by said enemies of the state who sought to normalize importation of foreigners to the US for the purpose of dilution of the Republic, pursuant to the goals of globalists.
Demonstratively, the repeated violations of US sovereignty under the aegis of both the obama & biden administrations highlight the danger of diluting the US population with foreigners who owe no allegiance whatsoever.
Ironically, a recent video by Selena Gomez further highlights the dangers posed even by multigenerational children born in the US of ‘migrants’.
“My people.”
Pshaw.
“No ex post facto law…”
Ex post facto laws are laws that retroactively change the legal consequences of actions that were committed before the law was enacted, often criminalizing actions that were previously legal or increasing penalties for past offenses. In the United States, both federal and state governments are prohibited from enacting such laws under the Constitution.
Doesn’t that mean that those already born here, who have been considered citizens are protected should a change be made?
Sure, but then they can’t bring up the slavery card ever again.
This will not, of course, include persons born in the United States who are foreigners, aliens, or who belong to the families of ambassadors or foreign ministers.”
Real quote is:
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.”
https://babel.hathitrust.org/cgi/pt?id=osu.32437011560386&seq=125
There is a way to fight these citizenship claims. Allow the claimant to assert the right to citizenship upon reaching the age of maturity (18 or 21). Until then, the claimant isn’t a citizen and can be deported.
As John Jay, the first Chief Justice of the Supreme Court, pointed out to G. Washington, then presiding over the first Constitutional Convention (and I am paraphrasing here), “We are no longer subjects, but citizens, consenting to be governed.” Like naturalized Citizens, Citizens at birth must establish their allegiance to the Constitution and to the laws of the state in which they reside. The only way they can do that is by being the offspring of Citizens. Or in the words of Senator John Bingham, one of the framers of the 14th Amendment, “I assert that every person born within the limits of the Republic, or under its flag at sea, of parents who were not subjects of any other sovereignty, are, in the very words of the Constitution, natural born citizens.”
p
I agree. But let’s remember, these were manual notes taken down as correctly as possible at the time, but mistakes were possible.
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.