Trump plans to sign EO ending birthright citizenship

[TreeFrogTrader]

So the argument is not whether the 14th amendment grants citizenship but what are the parameters of the jurisdiction and does congress have authority over those parameters.

That's half of the argument.

But the other half of the argument will swirl around the definition of "natural born."

 

[UsualName]

Funny thought, if Trump moves to overturn birthright citizenship then all that will left as legal US citizens are peoplenwith Native American Heritage and Elizabeth Warren would still have no chance at being the president.

 

[UsualName]

That's half of the argument.

But the other half of the argument will swirl around the definition of "natural born."

Right. Then we are all technically illegal. Except descendants of slaves and American Indians.

 

[Tsing Tao]

Try looking at it from an angle of who can regulate the jurisdiction in question, not the citizenship.

Why?

 

[Wallet]

Birthright Citizenship wouldn't be an issue if we had control of our borders.

If you're here illegally why should that correlate to automatic citizenship?

 

[gwb-trading]

Why not re-think this. Regardless of the merits of your position regarding birthright citizenship it would be dangerous for congress to let such an E.O. go unchallenged. * There is a better way. A California District judge ruled that even children born to illegals are citizens by birth. This is a straight reading of the constitution. I haven't read the opinion, but it would seem to ignore the way children born to foreign diplomats while they are stationed in the U.S. are treated. I think that on appeal the district courts ruling would likely be overturned. Particularly considering the courts present make-up. Any such order E.O. by Trump, however, must be immediately challenged by Congress. The California District Court ruling should be moved through the appeals court to the Supreme Court to settle this issue. I am confident that the California court's decision will be overturned as it makes absolutely no sense. More difficult is the question of citizenship for a child born to one legal and one illegal parent. There my guess is that the child would be found to be a natural born citizen.

Regardless we are in grave danger if we allow the president to set a new precedent of interpreting our constitution via tweet and E.O. We must absolutely not allow that.

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*I imagine this is no different than the other outrageous things Trumps says he will do but doesn't follow through on. I can't imagine that White House lawyers would not put a stop to such an order.

I believe this EO will be challenged. It will go to court where the SC is likely to overrule it after other courts halt its application.

It does however bring this issue to the forefront that needs to be addressed by a new constitutional amendment.

 

[gwb-trading]

Countries that offer birthright citizenship


Ya know, Bruce Lee was an anchor baby and he could easily whoop any Whitey's ass.

Thank you for posting a link to a clear, concise list.

 

[UsualName]

Why?

The 14th amendment grants citizenship under the condition of jurisdiction. So the question is, is the jurisdiction in question subject to the will of congress? If so, what is the will of congress?

We know the will of congres as applies to jurisdiction via the various immigration laws, legal travel and business, educational exchanges etc. these all have the authority of congress as jurisdictional applications. So if youre here on a student visa and have a baby Congress has authorized yours and your baby’s legal jurisdiction.

Now if you are unauthorized to be here under any congressional authority do you have negative rights? Meaning is the 14th amendment not subject to congressional authority and is simply unable to be regulated by the government.

I think there is a case here and I would be very interested in seeing the outcome.

For the record, I support birthright citizenship as is understood today and think this case has a low chance of Holding up even with a right wing Supreme Court but I also think there is some merit to the argument.

 

[Wallet]

I believe this EO will be challenged. It will go to court where the SC is likely to overrule it after other courts halt its application.

It does however bring this issue to the forefront that needs to be addressed by a new constitutional amendment.

And it may be his intent all along, to force Congress to act.

 

[CaptainObvious]

Birthright Citizenship wouldn't be an issue if we had control of our borders.

If you're here illegally why should that correlate to automatic citizenship?

Right. Tighten up the border, put some real teeth in the laws dealing with employing illegals, deport without regard to family separation problems, and the issue becomes pretty much irrelevant.
I'm happy to see Trump continuing to challenge the status quo, bringing these issues to the forefront and demonstrate just how inept our congress really is. The establishment hates him for it, and the more they hate him, the more it shows he's the right man for the job.