Trump Says He Will Void Birthright Citizenship Law Through Executive Order

Discussion in 'Law & Justice' started by Pro_Line_FL, Oct 30, 2018.

  1. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    If they begun the process of amending the 14th through proper channels, it would actually have lot of support.

    By voiding / amending clear text in the Constitution, they would become guilty of violating the Constitution themselves, and would risk impeachment. I doubt they are willing to take the risk just to appease the public (or worse, partisan) opinion.
     
    Last edited: Oct 31, 2018
  2. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    Thats what everyone says when they disagree with a high court decision
     
  3. nwtk2007

    nwtk2007 Newly Registered

    Joined:
    Oct 16, 2018
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Gender:
    Male
    To stop the anchor baby factory, we don't have to amend the Constitution, we simply need to rule on what it currently says. It boils down to "and subject to the jurisdiction there of." It's been ruled that this doesn't apply to visitors, foreign diplomats and aliens. Clearly, people who are here illegally are aliens. Ten years ago, a hospital in Dallas, Texas reported that 3/4 of the babies born there that year were born to illegals. You can imagine how high it is now. Women from Mexico and other central American countries come in illegally, when pregnant, and pop into hospitals all across the state when in labor to deliver in the US; to produce yet another anchor baby. It needs to stop.
     
  4. nwtk2007

    nwtk2007 Newly Registered

    Joined:
    Oct 16, 2018
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Gender:
    Male
    It has been ruled that "subject to the jurisdiction" does not apply to visitors, foreign diplomats and aliens. Illegals are aliens.
     
  5. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    You are repeating yourself. The Supreme Court has never amended clear text in the Constitution, which is why there are 33 amendments in the Constitution, none of which were made by the SC. The amendment process is the only way to do it. They could not even cancel the prohibition. It had to be done by another Constitutional amendment.
     
  6. Injeun

    Injeun Well-Known Member

    Joined:
    Feb 13, 2012
    Messages:
    13,025
    Likes Received:
    6,084
    Trophy Points:
    113
    Gender:
    Male
    I doubt that it would be retroactive, but rather going forward. That said, and while I like another tax cut and ending birthright citizenship. The timing does seem like it could well be a midterm election ploy.
     
  7. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    No one had ruled foreigners on US soil are not in US jurisdiction aka subject to US laws. Diplomats yes, but foreign visitors (legal, or illegal) certainly are subject to our laws. If they break a law, they will be judged based on US laws. Likewise, they are protected by the same laws.
     
  8. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    And so are you

    There is no such thing as clear text other than current judges respecting the decisions of previous courts

    And the 14th has not bedn tested for the anchor baby issue
     
  9. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    I wish that were true

    But I have not seen evidence of it
     
  10. nwtk2007

    nwtk2007 Newly Registered

    Joined:
    Oct 16, 2018
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Gender:
    Male
    I am having trouble with this format.

    Being subject to the jurisdiction has been ruled to mean people who have no other allegiance to any other country. That has been interpreted to mean foreign visitors, ,foreign diplomats and aliens. Of course illegal aliens are those here illegally and could even mean the soldiers of a foreign army.
     
  11. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    I hope that proves true

    And if so trump will be the man of the Century
     
  12. fmw

    fmw Well-Known Member

    Joined:
    Aug 21, 2009
    Messages:
    38,783
    Likes Received:
    14,915
    Trophy Points:
    113
    None of the three are anchor babies. Haley and Rubio were born of naturalized citizens and are therefore just as American as you or I. Cruz was born in Canada.
     
  13. fmw

    fmw Well-Known Member

    Joined:
    Aug 21, 2009
    Messages:
    38,783
    Likes Received:
    14,915
    Trophy Points:
    113
    The fourteenth.
     
  14. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    Who has ruled that people on US soil are not under US jurisdiction aka subject to US laws?
     
  15. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    Careful what you hope for. If it were true, all foreigners who have committed crimes in US, would have to be released, and been paid reparations for being detained while not in US jurisdiction.
     
    Last edited: Oct 31, 2018
  16. nwtk2007

    nwtk2007 Newly Registered

    Joined:
    Oct 16, 2018
    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Gender:
    Male
    Interesting point.
     
  17. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    No, neither of Rubio's parents were U.S. citizens at the time of his birth. I highly doubt Nikki's parents were either since they arrived in US just before she was born. Her being an anchor baby probably helped her parents become citizens, since it was never easy for people from India.
     
    Last edited: Oct 31, 2018
  18. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    Not necessarily

    The SCOTUS can dice that apple any way it chooses

    Consider Roe v Wade

    The lib judges rule that women have a right to an abortion

    But not an absolute right

    Huh?
     
    Last edited: Oct 31, 2018
  19. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    The votes were not along party lines, and the argument was about privacy and due process.

    As I already explained, unlike birthright citizenship, abortion is not mentioned in the Constitution, so the justices had to make their ruling based on their understanding about the Constitution as whole. The SC has never ruled to alter something which the Constitution clearly spells out (like the 14th), not even the cancelling of the prohibition. In those cases they ask for the Congress and/or States to amend the text.
     
    Last edited: Oct 31, 2018
  20. Mac-7

    Mac-7 Banned

    Joined:
    Apr 21, 2011
    Messages:
    86,664
    Likes Received:
    17,636
    Trophy Points:
    113
    The black robes can split any legal hair they choose

    Gay marriage is another example of a court ruling that makes no sense to many ordinary people

    They can certainly define the 14th in a way that you do not approve of
     
    Last edited: Oct 31, 2018
  21. dairyair

    dairyair Well-Known Member

    Joined:
    Dec 20, 2010
    Messages:
    79,135
    Likes Received:
    19,982
    Trophy Points:
    113
    Gender:
    Male
    The question was gun control.
    And 25 or 26% said they don't favor it.
    You tried to claim 100%(libs) want to ban guns outright. Your proof, shows that is NOT the case.

    And here is the question you referred me to.
    Do you favor or oppose the following gun control measures?
    - Repeal the Second Amendment
    Oppose strongly 49% 26% 50% 75%
    26% oppose strongly. While as you say, 21% favor strongly.
    So more favor NOT repealing the 2A.
     
    Last edited: Oct 31, 2018
  22. MMC

    MMC Well-Known Member

    Joined:
    Sep 4, 2012
    Messages:
    41,793
    Likes Received:
    14,697
    Trophy Points:
    113
    Gender:
    Male
    Flashback: 'No Sane Country' Would Reward Illegal Immigration With Automatic Birthright Citizenship Said...Harry Reid....


     
  23. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

    Joined:
    Oct 16, 2018
    Messages:
    26,344
    Likes Received:
    14,348
    Trophy Points:
    113
    Gender:
    Male
    Did he propose to amend the the 14th via Executive Order?

    No.

    There is a process to amend/repeal it. Use it!
     
    Last edited: Oct 31, 2018
  24. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,815
    Likes Received:
    23,071
    Trophy Points:
    113

    You may be talking about the 14th Amendment, but I'm talking about the law, 8 U.S. Code § 1401, which defines citizenship. I can be changed by legislation.
     
  25. MMC

    MMC Well-Known Member

    Joined:
    Sep 4, 2012
    Messages:
    41,793
    Likes Received:
    14,697
    Trophy Points:
    113
    Gender:
    Male


    Yes. Amend. Tho not with an EO.

    FLASHBACK: Here's Sen. Harry Reid on why the U.S. should ...
    Twitchy
    22 hours ago · According to PolitiFact, Reid changed his position over time: So, in 1993, Reid was clearly for restricting birthright citizenship. He introduced a bill that would have “clarified” the 14th ...
     
    Last edited: Oct 31, 2018

Share This Page