Drudge Retort: The Other Side of the News

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YAV

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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.

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)

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