Stopping birth right citizenship
Is it really possible?I'm not sure if an executive order can really make this happen.
What do you think?
Anyone?
online today!unknown, California, USA
I'm not sure if an executive order can really make this happen.
What do you think?
Anyone?
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lindsyjones
unknown, California, USA
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Comments (84)
Probably not enough,but with the Democrat-mania for suing,it would probably end up at SCOTUS,possibly fast-tracked!
don't the parents have to be citizens first for the child to be a citizen also?
By EDWARD J. ERLER"
Powerful arguments C.
Then we can just kill them because they're illegal?
Or let them kill us, because it's right for them to do as they can't be accountable with our own laws?
What a mind boggling logic.
For me? And I'm sure most of us that support him know that he's doing anything he can to stand by his promise of MAGA. You and the rest of those that hate him, well, say anything to discredit his performance as a good president, that's your position and so be it.
Yes. And Yes.
Must the 14th Amendment be repealed?
It hinges on the clause regarding jurisdiction.
If it's taken to mean that a citizen of another country is subject to that country's jurisdiction, the person may not be automatically entitled to U.S. citizenship simply by being born within the borders of the U.S.
As with many aspects of the Constitution, opinions may vary.
A ruling on the clause might settle the matter.
Given the conservative and textual leaning of SCOTUS, it might be anticipated that the clause would be ruled to limit 'Birthright Citizenship'.
The Roberts Court, however, has, at least until recently, been notably unpredictable.
The addition of Justices Gorsuch and Kavanaugh may change that.
Ryan Saavedra
Twitter › RealSaavedra
Media posted by Ryan Saavedra
Democrat Senator Harry Reid in 1993: "No Sane Country" Would Permit Birthright Citizenship
My blog is about, "can it really be stopped by an executive order?"
The opinions of five of the Justices will be the ones that count.
It's whether it can be stopped.
What are those arguments that can change this law.
If you think that Alito, "Mr Original Intent," will rule against what the founders said in black and white and 400 years of case law, then you are out of your mind. And he certainly will NOT vote to give the president the power to rewrite the US constitution.
Lindsayjones - Firstly, all my arguments are settled law of the United states. And I have backed up everything I said. If you want to allow people to argue that the laww says one thing becasue you like what they are saying, then you have to allow someone else with a bit of knowledge to point out they are talking BS.
Secondly, No, the President of the USA cannot change the US constitution with an executive Order. The fact that you are even thinking this is a valid question shows that the word "unconstitutional" means pretty much nothing to you now.
Its written in the constitution that it can only be changed by the amendment process.
With a Suit against an EO,SCOTUS will have to re-visit the Case again!
There weren't any problems with Anchor-Babies in the 19th Century when they first adjudicated the Case,but,thanks to the Democrats,there are now,and it has to be settled once and for all!
WTF?
USofA isn't old enough for that!
Yeah. That would do it.
His EO has also spurred action in the Legislative Branch.
This from 7 hours ago...
So when can an executive order over ride that?
"the original intent of the phrase was to separate out those with "allegiance to any foreign sovereignty," which he reads as excluding the children of illegal aliens." this was stated by a Pennsylvania Senator
Trump will win this in the SCOTUS.....
T, our country of The US of A, is not even close to your number. 1776.
It cant
Contrary to certain internet rumors, President Donald Trump hasn't altered the U.S. Constitution. Yet. But could he if he wanted to?
Trump has proposed constitutional amendments in the past and it's no secret that there are provisions in our nation's founding documents with which our new president disagrees. So the question with President Trump is not so much whether he would like to change the Constitution, but whether he can.
By Himself
No president can unilaterally alter, rewrite, or amend the Constitution. What presidents, as the head of the executive branch, are able to do is direct how laws pertaining to constitutional rights are to be enforced, via executive orders. For example, former President Barack Obama couldn't rewrite the Second Amendment, but he could take executive action on firearm licensing requirements and background checks for gun purchases.
Yet even executive orders have constitutional limits, as President Trump has learned. Presidents, and the executive branch, must still comply with the Constitution, and therefore can't change it by themselves.
Through Congress
Right now Republicans control both the House and the Senate, so Trump could pressure Congress to propose and pass constitutional amendments. But even that isn't a slam dunk. Trump would need two-thirds of both the House and the Senate to approve a constitutional amendment. And even with the largest Republican majority since the 1930s (54 out of 100 Senators and 247 out of 435 Representatives), the GOP still probably lacks the numbers to push a constitutional amendment through.
Even if Congress approved an amendment, 75 percent of the states would need to ratify it. Trump won 30 of the 50 states in the 2016 election, or 60 percent.
That was my take on it when first heard about it, sea...
Do something that will get a SCOTUS ruling on it.
He's also got Legislative action started on it....
And before you say "oh its just the 14th ammendment that we are talking about
James Madison, The Founders’ Constitution Volume 2, Article 1, Section 2, Clause 2, Document 6 (1789)
“It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born. Allegiance is defined to be a tie, that binds the subject to the state, and in consequence of his obedience, he is entitled to protection… The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.”
Zephaniah Swift, A system of the laws of the state of Connecticut: in six books, Volumes 1-2 of A System of the Laws of the State of Connecticut: In Six Book, pg. 163,167 (1795)
“that a man born within the jurisdiction of the common law is a citizen of the country wherein he is born. By this circumstance of his birth, he is subjected to the duty of allegiance which is claimed and enforced by the sovereign of his native land, and becomes reciprocally entitled to the protection of that sovereign, and to the other rights and advantages which are included in the term “citizenship.”
Ainslie v. Martin, 9 Mass. 454, 456, 457 (1813).
“And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.”
That means that was the law before the 14th. Thats why people said the 14th was just coding settled law
The goal is to stop these illegal immigrants from having a right through these babies.
Note: I know a billionaire from Egypt who traveled here just to give birth to his son.
Most needed assurance to make orders possible when needed, in line of MAGA
How many more of your rights would you like to give up? How about having your Cguldrens cotisenship revoked? Because if they just yank away Birthright citizenship then that means they could repeal the citizenship of anyone. Why not? They are not proposing any other method or criteria for birth citizenship, like Ireland did when it revoked Birthright citizenship in 2004.
Oh you never knew that, did you?
Certainly you understand why, don't you?
Now if you don't buy our idea of MAGA, can you just sit back and relax as and let him do what he does best?
No you can't, can you? You can't see that he's outdone our expectations? It's alright, you don't need to recognize that for us who support and voted for him, he's doing a great job delivering his promise.
Agreed, sea.
I suspect there may be a few more issues that will get shoved before the new court, whether be EOs or other means.
Why the Dems opposed Kavanaugh's confirmation so vigorously...
Also agreed.
As I mentioned to a lib IRL... it's the hill they had to die on.
An added benefit for Repubs - the so-called Kavanaugh Effect has raised Repub voter enthusiasm for the mid-terms.
Agree with it or not, it's difficult to say it's not...'strategy at its finest'.
IMO
Imagine all the orders he can issue to support his agenda of MAGA
No rewards for laws violated. simple as that. Write the laws accordingly.
The contstitution. there's more to the 14th amendment. More that they don't tell you about. There's a section for rebellion and crime under there. It's supposed to stop many things.
Congress has to write the appropriate legislation.