Trump Says He Will Void Birthright Citizenship Law Through Executive Order

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

  1. Tim15856

    Tim15856 Well-Known Member

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    You cut out the part of my post that gave the opinion of the person who authored the amendment.
     
  2. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Quotes dont get quoted, but I did re-add a part of it speaking about jurisdiction, and I explained my point about it.
     
  3. Mac-7

    Mac-7 Banned

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    I’m sure if you dont get your way you will complain about the conservative judges

    But I’d rather make you unhappy than allow the anchor baby loophole to continue
     
  4. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    My way is the Constitutional way. If you want to amend it using the process outlined in the Constitution, I am all for it. If you seek way to undermine the Constitution, I am opposed to it.

    The Constitution is the supreme law of the land, not something you modify when you think it get inconvenient.

    I have not declared whether or not I like (or dislike) the amendment in question, I am simply saying it is in fact a part of the Constitution, and need to be respected and defended as such.
     
    Last edited: Oct 31, 2018
  5. Mac-7

    Mac-7 Banned

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    So is my way

    I have had to accept court rulings I dont like or agree with

    And so will you
     
  6. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I guess its a moot point, since the Supreme Court is not about to start voiding the Constitution, no matter how partisan they were.
     
  7. Mac-7

    Mac-7 Banned

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    Its not an argument we can settle between ourselves since the Constitution means whatever 5 justices say it means
     
  8. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Its a moot point, since they are not considering saying anything about it.
     
  9. Mac-7

    Mac-7 Banned

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    Trump will force the issue

    Which is why I am so happy he is in the white house now
     
    Last edited: Oct 31, 2018
  10. CourtJester

    CourtJester Well-Known Member

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    No that just demonstrates you have no real clue how America's judicial sustem works. Trump cannot force the Supreme Court to rule on anything.

    In reality he probably won't even isdue his executive order.
     
    Last edited: Oct 31, 2018
  11. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I am sure you are pumped thinking the Supreme Court dances to the music of the WH.
     
  12. Mac-7

    Mac-7 Banned

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    Thats true and I did not say otherwise

    But I suspect the courts will want to respond when trump and congress close the anchor baby loophole
     
    Last edited: Oct 31, 2018
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  13. Mac-7

    Mac-7 Banned

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    Unelected demigods who serve for life “answer” to no president

    Or to the people for thst matter

    But when at least 5 of them get the same idea in their head that becomes the law of the land
     
    Last edited: Oct 31, 2018
  14. CourtJester

    CourtJester Well-Known Member

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    First the supposed executive order is just a Trump trisl bsllon that will probably disappear after the midterms, And second if he really was stupid enough to issue such an unconstitutioal order it probably would be dismissed by the first court that heard the case.

    And it isn't a loophole. It is the Constitution. .
     
  15. CourtJester

    CourtJester Well-Known Member

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    You do have a low opinion of the judicial temperament of your justice if you think his ruling is going to be based on his being pissed off.
     
  16. Mac-7

    Mac-7 Banned

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    It may very well be a trial balloon

    Or, congress may have already ceded that authority to the executive branch

    I doubt it but would not rule it out
     
  17. Mac-7

    Mac-7 Banned

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    Libs just wont take yes for an answer

    Someone else from the left already suggested that Kavanaugh was a predictable vote for trump

    And I think thats what you all tend to think

    I was just expressing the hope that you are right
     
  18. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Who knows. I guess theoretically anything is possible. Maybe the 5 of them roll the Constitution into a giant marijuana joint and smoke it in the courthouse.
     
  19. Mac-7

    Mac-7 Banned

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    The Constitution means whatever 5 of them say it means

    I have long railed against that fact

    But if buzzy ginsberg kicks the bucket while trump is president my side will have a big advantage that I hope we make use of
     
    Last edited: Oct 31, 2018
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  20. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I think you have a very low opinion of the justices if you think they will claim it means something other than it says, especially when the text is clear. That is the "living document" approach where you cancel text claiming it does not apply to current times anymore.

    I disagree with the "living document" view, unless the edits are done via the route mandated in the Constitution (amendment process).
     
  21. Mac-7

    Mac-7 Banned

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    The judges forced abortion and gay marriage onto the nation

    Not to mention obamacare

    But there are new demigods at SCOTUS now
     
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  22. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    This declaration by Trump might tickle the ears of the hard core supporters, but generally it is hurting the GOP in the coming mid-terms.
     
  23. gorfias

    gorfias Well-Known Member

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    That is a decent argumeent for not including ambassadors but I dont think it the reason in this instance. The historical record and common law does appear to show an effort to differentiate between someone that is lawfully becoming/is an American having a kid, and someone that has a kid within the USA that is a citizen of their parents' foreign nation.

    Yes, they would void it. Public perception had swung to the point that they, the public (as argued by the deciding Justices) have come to see the 1st does not cover Muslims. I think that would be in line with Judicial Activist thinking.

    This is what Originalists are complaining about here. What's the point of Article 5 if we don't need to change the constitution when the public wants it changed when we can just hope an Activist court will hallucinate what they think our preferences are into it?

    The concept to me is dangerous to the ideal of self government. We are in danger of Kyriarchy.
     
  24. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Yes, there is no clear text in the Constitution about abortion and/or obamacare, so the SCOTUS needed to make a ruling based on their understanding of the Constitution as whole. They are good example of why the SCOTUS exists. When there is clear text on a matter like birthright citizenship, then the only way is to amend it. You wont find a single example where the SCOTUS voided something in the Constitution where clear text exists. If the matter was brought to the SCOTUS, they would say to use the existing process to amend it.
     
  25. Mac-7

    Mac-7 Banned

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    The lib judges made new law because they wanted to and because they could

    If they new judges rule against the birthright citizenshp scam their word becomes law
     

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