Sunday, July 28, 2024

Litigation is a certainty, Trump: end birthright citizenship

When Donald Trump took office in 2017, he immediately issued a provocative executive order banning travel from Muslim-majority countries that led to chaos, confusion and a flurry of lawsuits that ended up at the Supreme Court. If he wins the election in November, he has pledged to follow a similar course on another contentious policy proposal: ending birthright citizenship.

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More from the article.

... In May of last year, Trump released a campaign video renewing his call to end the long-standing constitutional right, saying he would sign an executive order on day one of his presidency that would ensure that children born to parents who do not have legal status in the U.S. will not be considered U.S. citizens.

"The United States is among the only countries in the world that says even if neither parent is a citizen or even lawfully in the country, their future children are automatic citizens the moment the parents trespass onto our soil," Trump said in the video.

Birthright citizenship has long been understood to be required under the Constitution's 14th Amendment, which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The language was included in the constitutional amendment enacted after the Civil War to ensure that Black former slaves and their children were recognized as citizens.

The phrase has been generally understood by legal scholars of all ideological stripes to be self-explanatory, but that has not stopped some anti-immigration advocates from pressing an alternative interpretation. ...



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#1 | Posted by LampLighter at 2024-07-28 03:18 PM

- end the long-standing constitutional right

This is Trump whining about the fact that the Kamala Harris qualifies to be a Presidential candidate.

And it is only the first of many constitutional rights you can wave goodbye to with another Trump presidency.

#2 | Posted by Corky at 2024-07-28 03:32 PM

I'm so sick of this America-hating douchebag and his followers.
I'm so tired of him/them constantly attacking our Constitution, or Republic, our rights.
I despise him, specifically, for fondling and kissing our flag like it's someone's teenage daughter.
There is so much more they plan than just ending birthright citizenship. So much more.

#3 | Posted by YAV at 2024-07-28 03:47 PM

I have a better idea. Deport all "the red hats" to Russia.

#4 | Posted by a_monson at 2024-07-29 07:37 AM

aying he would sign an executive order on day one of his presidency that would ensure that children born to parents who do not have legal status in the U.S. will not be considered U.S. citizens.

You can't EO a constitutional right away.

Just another example of the very stable jenius never having read or understood the Constitution.

Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Pretty sure even justice travelocity will slap that down.

#5 | Posted by Nixon at 2024-07-29 11:28 AM

5

That's what I would say....but I'll be accused of pretending to ignore what's happening in front of my eyes.

Thanks for saying so I don't have to.

#6 | Posted by eberly at 2024-07-29 11:39 AM

The problem with that, Nixon, is that getting rid of birthright citizenship has been part of the GOP platform since 2016 (maybe before that, too, I just don't remember). Now they've got control over the Supreme Court. We may all want to believe it's obvious and decided, but the 2nd got completely redefined in the late 70's and by 1981 the GOP"discovered" the "true" meaning the founders "intended." www.brennancenter.org

I can find a hole in what you've quoted already, which is "and are subject to the jurisdiction thereof. If Trump gets elected again he will push this through and force SCOTUS to decide. The question is will he have Congress to back him. This is a long game they've been playing and this has been high on their list.

That along side of (and i'm not responsible for their total lack of irony) giving a fetus 14th amendment full citizenship.

(yeah, I know. Conflicting agendas)

#7 | Posted by YAV at 2024-07-29 12:59 PM

#7

Oh fun!

So what would be the status of a pregnant illegals fetus? A citizen until birth then not a citizen, or would the illegal still be allowed to get an abortion since the fetus is also not a citizen?

#8 | Posted by TaoWarrior at 2024-07-29 01:25 PM

"giving a fetus 14th amendment full citizenship."

Where did you get this idea from?

#9 | Posted by sentinel at 2024-07-29 02:21 PM

"giving a fetus 14th amendment full citizenship."
Where did you get this idea from?

#9 | Posted by sentinel

It's in the RNC platform.

19thnews.org

#10 | Posted by Sycophant at 2024-07-29 02:45 PM

#10 posting news with no link to actual text isn't evidence.

PropagandistSycophant

#11 | Posted by oneironaut at 2024-07-29 02:52 PM

We have an article that proclaims certainty about something in the future.

LMAO Lumpers never learn.

Trust me I am more exposed than any of you, and I am still laughing at you.

#12 | Posted by oneironaut at 2024-07-29 02:55 PM

"#10 posting news with no link to actual text isn't evidence."

The platform was actually linked to in that article: cdn.nucleusfiles.com

However, the equal protection clause that's cited doesn't apply to just citizens, but all "persons". So the weird claim that they would give the unborn full citizenship is erroneous.

#13 | Posted by sentinel at 2024-07-29 03:03 PM

I don't make this stuff up. There's no need for me to do that. I just quote what the GOP says, what they put in print.
I did tell you where to look for it:

The Fifth Amendment: Protecting Human Life

The Constitution's guarantee that no one can "be deprived of life, liberty or property" deliberately echoes the Declaration of Independence's proclamation that "all" are "endowed by their Creator" with the inalienable right to life. Accordingly, we assert the sanctity of human life and affirm that the unborn child has a fundamental right to life which cannot be infringed. We support a human life amendment to the Constitution and legislation to make clear that the Fourteenth Amendment's protections apply to children before birth.

www.presidency.ucsb.edu

#14 | Posted by YAV at 2024-07-29 03:19 PM

www.maniatislawoffice.com


There is a misconception that the U.S. Constitution applies only to U.S. citizens. Some passages and phrases in our laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. When the terms "resident" or "person" is used instead of citizen, the rights and privileges afforded are extended to protect citizens and non-citizens alike. Moreover, protections under the 14th Amendment ensure that no particular group is discriminated against unlawfully.

#15 | Posted by sentinel at 2024-07-29 03:29 PM

I've argued the same here before.
Just to be clear, I've always believed that is what our Constitution says.
That is why I said what I said.
I am consistent.

#16 | Posted by YAV at 2024-07-29 03:37 PM

Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

If they want to hold that the Fourteenth Amendment is applied to children and to the unborn, then a fetus is granted citizenship under the 14th, not just for being born here, but for being conceived on US soil.

If they want to apply only part of the 14th to the unborn, then they have to modify the 14th. You can't do that except by SCOTUS or another amendment (which they said they want to do).

If they want to get rid of birthright citizenship as specified in the 14th AND protect the fetus using the same amendment, then they have a problem. As I said that would require SCOTUS finding that the parents have, as Trump said no "legal status." Which then sets up a conundrum of "is the fetus, conceived in the US, granted legal status, or is the "illegal status" conferred to the fetus?

Clarifying that would require another amendment and a sympathetic SCOTUS.

SCOTUS could split this by using the "AND" and declaring that the parents, or just the mother are not "subject to the jurisdiction thereof" because, as Trump said they have no "legal status" but hold the fetus is protected under the laws and jurisdiction, but not the parents. That would be another right-wing religious activist MESS.

And then you have the issue of "Well the father is a US Citizen and the mother is undocumented."

The entire thing is utterly ridiculous to me and seriously messed up, legally, morally, and logically. It's insane to me.

That's all I was pointing out. But hey, you got a chuckle out of me posting the RNC's plank, so there's that.

#17 | Posted by YAV at 2024-07-29 07:07 PM

What a queer rabbit hole this is. There's nothing in the RNC platform that was linked that says anything about conferring citizenship to fetuses. You appear to be having an episode, Yav.

#18 | Posted by sentinel at 2024-07-29 08:16 PM

The 14th states that if you're born here, you're a US citizen.
The RNC wants to confer the protections of the 14th onto the fetus, just like a child that was born here.
You think they can do that without conferring citizenship.
That takes a rewriting of the 14th, or SCOTUS reinterpreting the 14th.
That's why the RNC says they support another amendment. This is just talk. A positioning. A stand.

The point being that the GOP already did this without needing another amendment by using SCOTUS.
Like they did with the 2nd.
Like they did with Roe V Wade.

The point I've made just isn't that complicated.

#19 | Posted by YAV at 2024-07-29 10:41 PM

"We support a human life amendment to the Constitution and legislation to make clear that the Fourteenth Amendment's protections apply to children before birth."

#20 | Posted by YAV at 2024-07-29 10:43 PM

#20 One sentence that explains the GOP position that the 14th amendment (which includes citizenship) applies to unborn children. They make it so easy.

They really don't think things through.

Kind of like angering 2/3rds of the nation by stripping health care rights away from women.

#21 | Posted by Nixon at 2024-07-30 10:30 AM

#21 - Exactly. You can't call out the 14th and pretend you can divide up what it says. If you don't repeal the 14th's birthright citizenship, you can't apply just the protections of it. The entire thing is stupid. And as I said, once you do that then we have to investigate where that union of the sperm and egg happened.

These people are morons.

#22 | Posted by YAV at 2024-07-30 11:01 AM

This is ------- hilarious. Keep tilting at those windmills.

#23 | Posted by sentinel at 2024-07-30 08:06 PM

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