The oft (and intentionally) forgotten "and subject to the jurisdiction thereof"

1,592 Views | 56 Replies | Last: 3 hrs ago by TinFoilHatPreacherBear
Sam Lowry
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TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
Redbrickbear
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Sam Lowry said:

KaiBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


Not particularly funny.
Many countries have similar restrictions.

But in today's cultural climate, I can't see the Supreme Court allowing Trumps EO to stand.
It's not the restriction that I'm laughing at, it's the idea that illegal immigrants aren't subject to US jurisdiction. If that were true, they couldn't be deported because the immigration courts would have no power over them.


Has to do with what we define jurisdiction as

Everyone who is in the USA is subject to the law enforcement power of the government in certain situations.

(Even foreign ambassadors…if they commit murder for instance against an American citizen could be subject to our laws…diplomatic immunity has it's limits)

But does that also mean millions of foreigners are subject to jurisdiction for citizenship purposes?

That is not at all clear and very open to debate

And we need to go back to the writers of the 14th amendment and its history.

Do we really think they intended for the situation today to be the norm?
Sam Lowry
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Redbrickbear said:

Sam Lowry said:

KaiBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


Not particularly funny.
Many countries have similar restrictions.

But in today's cultural climate, I can't see the Supreme Court allowing Trumps EO to stand.
It's not the restriction that I'm laughing at, it's the idea that illegal immigrants aren't subject to US jurisdiction. If that were true, they couldn't be deported because the immigration courts would have no power over them.


Has to do with what we define jurisdiction as

Everyone who is in the USA is subject to the law enforcement power of the government in certain situations.

(Even foreign ambassadors…if they commit murder for instance against an American citizen could be subject to our laws…diplomatic immunity has it's limits)

But does that also mean millions of foreigners are subject to jurisdiction for citizenship purposes?

That is not at all clear and very open to debate

And we need to go back to the writers of the 14th amendment and its history.

Do we really think they intended for the situation today to be the norm?
It's very clear. I'll be shocked if SCOTUS even takes the case.

The drafters knew people could cross borders and have babies. I doubt all of those women KaiBear talked about were utilizing air travel to get to the ER.

Did the drafters know we'd have illegal immigration on the scale we have now? Probably not, but it's up to us to amend the law if we want to.
Redbrickbear
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Sam Lowry said:

Redbrickbear said:

Sam Lowry said:

KaiBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


Not particularly funny.
Many countries have similar restrictions.

But in today's cultural climate, I can't see the Supreme Court allowing Trumps EO to stand.
It's not the restriction that I'm laughing at, it's the idea that illegal immigrants aren't subject to US jurisdiction. If that were true, they couldn't be deported because the immigration courts would have no power over them.


Has to do with what we define jurisdiction as

Everyone who is in the USA is subject to the law enforcement power of the government in certain situations.

(Even foreign ambassadors…if they commit murder for instance against an American citizen could be subject to our laws…diplomatic immunity has it's limits)

But does that also mean millions of foreigners are subject to jurisdiction for citizenship purposes?

That is not at all clear and very open to debate

And we need to go back to the writers of the 14th amendment and its history.

Do we really think they intended for the situation today to be the norm?
It's very clear. I'll be shocked if SCOTUS even takes the case.

The drafters knew people could cross borders and have babies. I doubt all of those women KaiBear talked about were utilizing air travel to get to the ER.

Did the drafters know we'd have illegal immigration on the scale we have now? Probably not, but it's up to us to amend the law if we want to.


You think that 19th century Republicans (passing the amendment to deal with millions of Blacks and their citizenship status in a post civil war environment) wanted anyone who happened to be here or could get to the USA anytime in the future to get citizenship if they could have a baby on US soil?

I think that is a bold claim….and I don't think it's supported by the Congressional record of the debates about the amendment or the history of the Act itself.


Sam Lowry
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Courts won't get into the history when the language is plain. In this case there's no ambiguity.
KaiBear
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Sam Lowry said:

Courts won't get into the history when the language is plain. In this case there's no ambiguity.


Agreed

Trump and common sense lose this one.
Redbrickbear
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Sam Lowry said:

Courts won't get into the history when the language is plain. In this case there's no ambiguity.


Let's have SCOTUS have oral arguments on it and let's hear out the sides.

The language is far from clear that it intended millions of illegals and their children to be given citizenship.

Indeed if the 14th amendment really means that then it makes all immigration laws essentially meaningless….must enter the county and have a kid. It's that simple
TinFoilHatPreacherBear
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Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
tfhpb, Thee couch-potato prognosticator.


Sam Lowry
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TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
American Indians have been included since the Wong Kim Ark decision.
TinFoilHatPreacherBear
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Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
American Indians have been included since the Wong Kim Ark decision.
Not originally, which shows the intent was not just the free for all you want to claim it to be.
tfhpb, Thee couch-potato prognosticator.


Porteroso
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TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
American Indians have been included since the Wong Kim Ark decision.
Not originally, which shows the intent was not just the free for all you want to claim it to be.

Native Americans have always been treated differently for one reason or another. Europeans, including Spanish, were getting birthright citizenship before the 14th Amendment.
Redbrickbear
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Porteroso said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
American Indians have been included since the Wong Kim Ark decision.
Not originally, which shows the intent was not just the free for all you want to claim it to be.

Native Americans have always been treated differently for one reason or another. Europeans, including Spanish, were getting birthright citizenship before the 14th Amendment.






TinFoilHatPreacherBear
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Redbrickbear said:

Porteroso said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

TinFoilHatPreacherBear said:

Sam Lowry said:

Trump's executive order is so blatantly unconstitutional you can't even be mad at it. It's just plain funny.


What's funny is your ability to grasp that you've been misled. It's OK, we get it, as a resident TDSer, your brain reacts poorly to information that goes against your programming.
The constitution and the reason this amendment was created is absolutely clear, it only applies to those who are here legally and viewed as citizens. It's why Indians and diplomats were exempted. You don't have to like it, but it's clear as day. You have to have an agenda to mis interpret it as including illegals.
And you want to exempt every illegal immigrant as if they were diplomats...that's what's funny.
TDS gets you sometime. The idea of foreign soldiers having kids on US soil was also excluded in their context. Indians were subject to US law while off the reservation, yet they were excluded. Pretty clear that they did not intend for the crap going on today.
American Indians have been included since the Wong Kim Ark decision.
Not originally, which shows the intent was not just the free for all you want to claim it to be.

Native Americans have always been treated differently for one reason or another. Europeans, including Spanish, were getting birthright citizenship before the 14th Amendment.







Everyone's just been brainwashed to accept it at face value.
tfhpb, Thee couch-potato prognosticator.


KaiBear
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Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.
TinFoilHatPreacherBear
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KaiBear said:

Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.
I agree, but you never know. Sanity may prevail. Afterall I didn't expect the abortion decision to get pushed to the states either.
tfhpb, Thee couch-potato prognosticator.


Redbrickbear
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KaiBear said:

Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.


We need a national debate on the issue and we need clarification on the matter from SCOTUS

Its not at all clear that the 14th Amendment gives illegals the right to claim birthright citizenship


KaiBear
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Redbrickbear said:

KaiBear said:

Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.


We need a national debate on the issue and we need clarification on the matter from SCOTUS

Its not at all clear that the 14th Amendment gives illegals the right to claim birthright citizenship





The rest of the country is not overwhelmingly made up of MAGA fans.

A public debate on this topic would only reflect this.

The SC will rule on this EO soon enough.


Focus on the winnable battles.
TinFoilHatPreacherBear
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KaiBear said:

Redbrickbear said:

KaiBear said:

Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.


We need a national debate on the issue and we need clarification on the matter from SCOTUS

Its not at all clear that the 14th Amendment gives illegals the right to claim birthright citizenship





The rest of the country is not overwhelmingly made up of MAGA fans.

A public debate on this topic would only reflect this.

The SC will rule on this EO soon enough.


Focus on the winnable battles.
60% of Americans want FULL deportation of illegals. Now is the right time to fight this one.
tfhpb, Thee couch-potato prognosticator.


Redbrickbear
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KaiBear said:

Redbrickbear said:

KaiBear said:

Throughout US history Supreme Court decisions have been influenced by personal biases of the judges as well as cultural attitudes prevalent at the time.

2025 is no different.

Expect Trumps EO to be overturned unanimously or close to it.


We need a national debate on the issue and we need clarification on the matter from SCOTUS

Its not at all clear that the 14th Amendment gives illegals the right to claim birthright citizenship





The rest of the country is not overwhelmingly made up of MAGA fans.

A public debate on this topic would only reflect this.

The SC will rule on this EO soon enough.


Focus on the winnable battles.


Trump just won the popular and electoral vote by promising mass deportations…."I will unleash the biggest deportation effort in American history"

I think it's more winnable than you think

And far more popular than you think
Redbrickbear
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KaiBear
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Lindsey Graham is a dangerous idiot.

Full stop.
TinFoilHatPreacherBear
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Of course it's constitutional. Libs here so desperate to ensure millions of illegals can vote that they'll drink whatever kool-aid the ivy league globalists feed them.

https://www.foxnews.com/politics/trump-order-ending-birthright-citizenship-illegal-immigrants-constitutional-claims-expert
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