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

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    This is where you need a GOP leaning Supreme Court, because without it, it would be impossible to edit the Constitution via Executive Order.

    What will happen to anchor babies like Hikki Haley, Marco Rubio, Ted Cruz and millions of others? Deported?

    https://www.npr.org/2018/10/30/6620...right-citizenship-law-through-executive-order

    President Trump is planning to use an executive order to strip birthright citizenship from America's laws, rather than trying to change the Constitution through an act of Congress. The potential move, which would very likely trigger numerous legal challenges, would seek to end the conferring of citizenship to children of noncitizens who are born in the U.S. — which is currently guaranteed by the 14th Amendment.
     
    Last edited: Oct 30, 2018
  2. Lil Mike

    Lil Mike Well-Known Member

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    Yes because that's why the 14th Amendment was drafted and ratified, to give the children of illegal aliens citizenship.
     
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  3. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    If you say so.

    It matter not why it was written. If it no longer serves a purpose, there is a process to amend the Constitution, and its not called an Executive Order.
     
    Last edited: Oct 30, 2018
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  4. 61falcon

    61falcon Well-Known Member

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    He said for SOME who are born here???Sounds like Dirty Donald wants the right to discriminate!!If you are white you're alright,if you are black step back,if you are brown step down!!Sounds like Dirty Donald is proposing discrimination to me!!
     
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  5. Jonsa

    Jonsa Well-Known Member Past Donor

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    So he's going full "King Donnie" , ruling by executive order demonstrating a complete lack of understanding of the constitution he has sworn to protect.

    And people thought a few EO's from obama were the portent of his dictatorial ambitions - of course he was a black muslim kenyan, so I guess it was a legit worry of the bigots.
     
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  6. Lil Mike

    Lil Mike Well-Known Member

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    Sweet Jesus, I never thought I would ever again see a lefty express this sentiment!

    I've seen everything now. Take me Lord!
     
  7. Tergara

    Tergara Active Member

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    Criminals' children benefit all the time from ill-gotten gains. Like Trump's or Kennedy's for example.
     
  8. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    I am not a lefty, so you might want to cancel your request before God sees it done.

    From the sounds of it you are OK with the president editing the Constitution via EO.
     
    Last edited: Oct 30, 2018
  9. 61falcon

    61falcon Well-Known Member

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    Birthright legislation has been part of the Constitution since 1868 and is also the law of Canada,Mexico,Argentina,Brazil and at least 25 other Western nations.
     
  10. Lil Mike

    Lil Mike Well-Known Member

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    Sorry, the obligatory NPR link, and situationally inaccurate swipes at Republicans threw me off!

    As for a possible EO on Birthright citizenship, my barracks lawyer sense is that it's as illegal as Obama's DACA memo, however unlike DACA, the EO will never be implemented since the courts will impound it as soon as the ink is dry. So as an actual legal document, I think the EO will be dead on arrival. Politically, it's throwing down the gauntlet to Congress to actually pass a law, which would be totally legal.

    See? It worked!
    Lindsey Graham Says He’ll Back Trump On Birthright Citizenship With Legislation
     
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  11. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    Actually no, the Congress alone cannot amend the Constitution. States would have to be involved. Or is it either 2/3rd of Congress OR States.

    Either way, I agree it is DOA.
     
    Last edited: Oct 30, 2018
  12. Mac-7

    Mac-7 Well-Known Member

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    We do not have to rewrite the 14th amendment until the supreme court says we do
     
    Last edited: Oct 30, 2018
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  13. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    No, but until they do, every person born on US soil is a citizen.
     
  14. Mac-7

    Mac-7 Well-Known Member

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    True

    But that can change without a new amendment

    And trump intends to do so
     
    Last edited: Oct 30, 2018
  15. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    How? They would either have to modify, or repeal the existing amendment, which currently gives them citizenship right. The text is clear.
     
  16. Mac-7

    Mac-7 Well-Known Member

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    The exact meaning of the 14th is not settled law

    Anchor babies are awarded citizenship through immigrstion law
     
  17. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    It is settled.

    "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States"

    There is no other way to interpret it. If the Supreme Court (for partisan reasons) declared it means something other than it says, the States would overrule them.
     
  18. Mac-7

    Mac-7 Well-Known Member

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    Yes there is
     
  19. Mac-7

    Mac-7 Well-Known Member

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    Thats a pipe dream
     
  20. Lil Mike

    Lil Mike Well-Known Member

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    What amendment? Citizenship is defined by law; specifically 8 U.S. Code § 1401. Congress can just amend the law.
     
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  21. Durandal

    Durandal Well-Known Member Past Donor

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    Naw. The 14th Amendment is clearer than the 2nd. It's going to have to be changed.
     
  22. Doofenshmirtz

    Doofenshmirtz Well-Known Member Donor

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    This is brilliant! If it comes from Trump, dems will fight it. It will be refreshing to see them take an interest in defending the constitution for a change!
     
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  23. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    14th: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States"

    You mean re-define what a citizen means? That would affect every citizen.
     
  24. Pro_Line_FL

    Pro_Line_FL Well-Known Member

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    The floor is yours.
     
  25. Lil Mike

    Lil Mike Well-Known Member

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    I don't get where you think it's redefining the what a citizen means. It just means making clear that Federal statute doesn't support those born here of parents who are here illegally are not citizens.
     

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