Birth Right Citizenship Will It Finally End?

Read the Elk v Wilkins decision. Ask yourself what the difference is between the son of two American Indians prior to 1924 and the son of two Guatemalans today. Stop trying to dodge the issue.
The Native Americans were not under the jurisdiction of the US at that time.
 
Agree, they were not subject earlier because they owed allegiance to their tribal nations.

As a point of interest, I would think the 1885 law would add some murkiness to the 1898 case. That, because partial jurisdiction was granted, there was nothing to prevent expansion to full federal jurisdiction.

There was no taxation in the law of 1885. Taxation is the what exempts Indians in the Constitution when it refers to "Indians not taxed." It doesn't say Indians not subject to criminal law.
 
It was mentioned early on in this thread, by Toby, that this was a ruling by activist judges ... because the Chinese exclusion act prevented the parents from obtaining citizenship.
Ruling by activist judges is your legal argument?
:ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO:

The majority decision lays out the legal and legislative record that supports the claim that all persons except a few select classes are subject to the jurisdiction.
The ruling was 6-2 in favor of citizenship being granted for all persons born in the US.
The Dissent already posted is a rebuttable to the opinion of the majority.
Did you actually read the dissent? First it argues that common law doesn't apply by making a ridiculous application of common law. Then it argues that no one can have dual allegiances which would require that all persons with dual passports no longer can be US citizens. (Good luck with that one.) Finally It states that treaties can override the 14th and since the US had a treaty that prevented Chinese citizens from becoming US citizens a child born of Chinese parents couldn't be a citizen.
And IMO, "Temporary Allegiance" is not a sound argument for "Permanent citizenship". If the parents are only here temporarily, it makes no sense.
This is an interesting argument on your part since it would mean the US could remove citizenship from a child by simply removing the parents from the US by perhaps sending them to jail on a foreign country.
Furthermore, it can be argued that the 1885 "limited jurisdiction" over Indians should be enough for them to be included, as well as the fact that the tribal nations did not have full sovereignty over Indian territories.
The 14th says nothing about whether the tribes have full sovereignty over the the Indian territories. This is an attempt to add something to the text that is not in it.
 
Dude, give up the act already. 'I knew all about this case long ago because I've studied it at length' yeah, right, you're just another AI warrior like everyone else. The problem is, you can't seem to pound a simple concept into your thick skull. The very different detail from 1898 that you're missing is the whole illegal entry part, especially when we're talking about criminals with no background check.
You really are a toddler, aren't you. You are the one that spends all your time using AI as evidenced by your screed on evolution that is filled with falsehoods and quotes from AI. The words in the 14th amendment have not changed since 1898. There is no reference in the amendment that exempts persons born of those entering the country illegally. You don't get to add words to the Constitution that aren't there.
It's glaringly obvious to those with half a brain that if for example, some mass-murdering psycho bitch and her whole family of thieving, raping, killing lunatics just waltzes over the border, plops out a baby on the sand, and bam, they're all magically citizens of the greatest nation on Earth, ready to start their criminal behavior and fraudulent filings for countless benefits. You think that's a ridiculous example, right? That's because you don't think, it's not the usual but definitely one real scenario that has and does happen.
Wow. You really don't understand the 14th amendment at all. We can only assume at this point that you have less than half a brain because the parent of a child born in the US doesn't become a US citizen simply because they had a child on US soil. Your example is beyond ridiculous since it is not factual.
Does that make sense to you? Because to anyone with common sense, it's absurd. Most of us think that when this ridiculous policy is finally challenged with these arguments, sanity might just prevail. The current policy is an insult to those who follow the rules and a clear and present danger to every American's right to life, liberty, and the pursuit of happiness. Any chance you'll ever get it through your head?
No. It doesn't make sense because you seem to be providing nothing but the ravings of a madman who knows nothing about the subject of how a person becomes a US citizen.
 
Wrong, Wong Ark's parents had permanent domicile in the US they were not temporary residents. illegal Aliens are not permanent residents as Trump is currently proving.

.
Wong Ark's parents returned to China in 1890. Wong went to China with them in 1890 but returned and was granted entrance as a citizen of the US. He then went to China again to visit them in 1894-5 and was refused entry for not being a citizen.

What do you call someone that lives in the US for 20 years and then goes back to the country they are citizens of if not temporary residents? Or is there a length of time that makes someone a permanent resident?
 
Ruling by activist judges is your legal argument?
:ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO:

The majority decision lays out the legal and legislative record that supports the claim that all persons except a few select classes are subject to the jurisdiction.
The ruling was 6-2 in favor of citizenship being granted for all persons born in the US.

Did you actually read the dissent? First it argues that common law doesn't apply by making a ridiculous application of common law. Then it argues that no one can have dual allegiances which would require that all persons with dual passports no longer can be US citizens. (Good luck with that one.) Finally It states that treaties can override the 14th and since the US had a treaty that prevented Chinese citizens from becoming US citizens a child born of Chinese parents couldn't be a citizen.

This is an interesting argument on your part since it would mean the US could remove citizenship from a child by simply removing the parents from the US by perhaps sending them to jail on a foreign country.

The 14th says nothing about whether the tribes have full sovereignty over the the Indian territories. This is an attempt to add something to the text that is not in it.
Let's start with this ...

"The Act of May 6, 1882 [22 Stat. 58], suspended the immigration of Chinese labors, specified the classes of Chinese persons allowed to enter the U.S., and barred Federal and state courts from admitting Chinese persons to U.S. citizenship. "

 
Let's start with this ...

"The Act of May 6, 1882 [22 Stat. 58], suspended the immigration of Chinese labors, specified the classes of Chinese persons allowed to enter the U.S., and barred Federal and state courts from admitting Chinese persons to U.S. citizenship. "

When was Kim Wong Ark born?
How well do you know your Constitution?
 
You really are a toddler, aren't you. You are the one that spends all your time using AI as evidenced by your screed on evolution that is filled with falsehoods and quotes from AI. The words in the 14th amendment have not changed since 1898. There is no reference in the amendment that exempts persons born of those entering the country illegally. You don't get to add words to the Constitution that aren't there.
Hey dipshit. There are no references that forbid elephants from being citizens either, but I don't see anyone suggesting that.....yet. lol It's what it does say that's in dispute by you idiots, no one except libtard idiots (you) are bringing up every possible thing it doesn't say, brilliant.

As for the evolution examples, find one thing that's not accurate. Your such a complete moron for not understanding the point with the 'smartwatch' comparison. I suspect you're referencing other 'inaccuracies' like that one. It's not my fault you're an idiot. LOL I can't fix that.
Wow. You really don't understand the 14th amendment at all. We can only assume at this point that you have less than half a brain because the parent of a child born in the US doesn't become a US citizen simply because they had a child on US soil. Your example is beyond ridiculous since it is not factual.
Here's the deal with you idiots who refuse to see the real-world consequences. I never said the 14th Amendment turns the whole family into instant citizens, don't put words in my mouth. But I did give you an analogy because, clearly, you need simple explanations. The moment a baby pops out on U.S. soil, BAM INSTANTLY, Mommy gets to stick around (and will become a citizen along with the whole family). And when that kid grows up, they'll drag the rest of the family in under the guise of 'family reunification,' and Mommy never had to pack her bags.

That's how it plays out in practice, you naive simpleton. The 14th Amendment kicks this whole charade into gear, and without the absurd take on the original intent including criminals from foreign lands to have the protections of the constitution, these families would be stuck at the back of an endless queue, where they rightfully belong. But no, we've got to pander to the simpletons like you. Hopefully, not anymore.

It doesn't make sense because you seem to be providing nothing but the ravings of a madman who knows nothing about the subject of how a person becomes a US citizen.
As I've explained to you, which should be clear to anyone with half a brain, you're just too dense to get it. Anything that's good for America, you're against because you're nothing but a typical anti-American, libtard automaton. You can't wrap your head around the absurdity of someone just waltzing into your home, dropping a baby into your bathtub, and then somehow, magically, both mother and child get to live there, FOREVER. Sure, technically, you could throw the mother out, but let's face it, you (and the U.S) would never do that because then you'd be stuck with the diaper duty. You claim you're all for 'Birth Rights Citizenship,' but I bet if this happened in your precious little sanctuary, you'd have a sudden change of heart.

Regardless of my opinion, and in spite of all your whining and crying like a little bitch, the EO will work its way to the SC for the final word on it. As Trump would say. 'We'll see what happens.' Maybe you should consider worrying about 100 other great things Trump is doing to dismantle the libtard lunacy. LOL
 
If a Native American killed an American even while on a reservation would US Marshals arrest them?
When the 14th Amendment was written, the US Government did not have jurisdiction over reservations, or Native Americans who had not joined American society. Murders could be handled by the tribal government.

Starting in 1885, the federal government began taking jurisdiction, which required giving citizenship under the 14th Amendment. If your parents are under the jurisdiction to be tried for murder, then your birth is to parents under the jurisdiction.

The current situation is that tribal governments have police forces that are independent of the federal government. Also the FBI investigates serious crimes. Minor crimes are tried in tribal courts, and serious crimes are tried in federal courts. For the most part states have no jurisdiction when it comes to reservations.
 
Hey dipshit. There are no references that forbid elephants from being citizens either, but I don't see anyone suggesting that.....yet. lol It's what it does say that's in dispute by you idiots, no one except libtard idiots (you) are bringing up every possible thing it doesn't say, brilliant.
It seems you are so delusional you think elephants are persons. The 14th amendment says "persons" born in the US become citizens.
As for the evolution examples, find one thing that's not accurate. Your such a complete moron for not understanding the point with the 'smartwatch' comparison. I suspect you're referencing other 'inaccuracies' like that one. It's not my fault you're an idiot. LOL I can't fix that.
You are the one that claimed that you came up with the watch comparison all on your own. Not only are you stupid for your comparison, you are a liar for stealing the idea.
Here's the deal with you idiots who refuse to see the real-world consequences. I never said the 14th Amendment turns the whole family into instant citizens, don't put words in my mouth. But I did give you an analogy because, clearly, you need simple explanations. The moment a baby pops out on U.S. soil, BAM INSTANTLY, Mommy gets to stick around (and will become a citizen along with the whole family). And when that kid grows up, they'll drag the rest of the family in under the guise of 'family reunification,' and Mommy never had to pack her bags.
Actually, based on the way the English language works you DID say the whole family becomes citizens. Unless you are a proponent of LGBTQ+ and were using "they" to refer to one person "they" refers to the group you just listed in your sentence which was the entire family.
That's how it plays out in practice, you naive simpleton. The 14th Amendment kicks this whole charade into gear, and without the absurd take on the original intent including criminals from foreign lands to have the protections of the constitution, these families would be stuck at the back of an endless queue, where they rightfully belong. But no, we've got to pander to the simpletons like you. Hopefully, not anymore.


As I've explained to you, which should be clear to anyone with half a brain, you're just too dense to get it. Anything that's good for America, you're against because you're nothing but a typical anti-American, libtard automaton. You can't wrap your head around the absurdity of someone just waltzing into your home, dropping a baby into your bathtub, and then somehow, magically, both mother and child get to live there, FOREVER. Sure, technically, you could throw the mother out, but let's face it, you (and the U.S) would never do that because then you'd be stuck with the diaper duty. You claim you're all for 'Birth Rights Citizenship,' but I bet if this happened in your precious little sanctuary, you'd have a sudden change of heart.
It's always nice to see you following the teachings of Christ and calling people names and lying. Christ must be so proud of you or maybe he already called out people like you by telling us we shall know them by their fruits.
Regardless of my opinion, and in spite of all your whining and crying like a little bitch, the EO will work its way to the SC for the final word on it. As Trump would say. 'We'll see what happens.' Maybe you should consider worrying about 100 other great things Trump is doing to dismantle the libtard lunacy. LOL
Yep. You clearly are a toddler.
 
Ruling by activist judges is your legal argument?
:ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO: :ROFLMAO:

The majority decision lays out the legal and legislative record that supports the claim that all persons except a few select classes are subject to the jurisdiction.
The ruling was 6-2 in favor of citizenship being granted for all persons born in the US.

Did you actually read the dissent? First it argues that common law doesn't apply by making a ridiculous application of common law. Then it argues that no one can have dual allegiances which would require that all persons with dual passports no longer can be US citizens. (Good luck with that one.) Finally It states that treaties can override the 14th and since the US had a treaty that prevented Chinese citizens from becoming US citizens a child born of Chinese parents couldn't be a citizen.

This is an interesting argument on your part since it would mean the US could remove citizenship from a child by simply removing the parents from the US by perhaps sending them to jail on a foreign country.

The 14th says nothing about whether the tribes have full sovereignty over the the Indian territories. This is an attempt to add something to the text that is not in it.
A shitpile of treaties and deals said that.
 
It seems you are so delusional you think elephants are persons. The 14th amendment says "persons" born in the US become citizens.

You are the one that claimed that you came up with the watch comparison all on your own. Not only are you stupid for your comparison, you are a liar for stealing the idea.

Actually, based on the way the English language works you DID say the whole family becomes citizens. Unless you are a proponent of LGBTQ+ and were using "they" to refer to one person "they" refers to the group you just listed in your sentence which was the entire family.

It's always nice to see you following the teachings of Christ and calling people names and lying. Christ must be so proud of you or maybe he already called out people like you by telling us we shall know them by their fruits.

Yep. You clearly are a toddler.
Dicky, you're such a little whiny bitch. lol This watch thing? I have no idea where I stole the comparison from? Apparently, it ca very effective analogy, I can tell it had a BIG impact on you. lol It's comical, you really are a dumbass.

As for me being a Christian, there's something that so many morons like you get wrong about Christianity, we're all sinners and I'm no exception. Every simpleton libtard I've ever 'debated' thinks that anyone that proclaims there Christianity is suddenly held to the Jesus Christ ideal, it either means you're a complete dumbass or you're being purposely disingenuous. I know which one you are.

I know I'm not suppose to show pictures of other members but I thought everyone could benefit from understanding what we're dealing with. LOL
image (79).jpg
 
The absurd interpretation of the 14th amendment is finally being challenged.
I hate to be the bearer of bad news but birthright citizenship is the correct interpretation and will not change.

At the heart of your error is an inability to read English for comprehension. All children born in the US are subject to US jurisdiction, even if the parents are somehow not, unless the child somehow has diplomatic immunity.

The left loves to argue that it's clear the following Amendment somehow says that birth rights citizenship is clearly stated in our Constitution
It is clearly stated to anyone who reads English for comprehension.

Section 1.All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
This only carries meaning for children born in an overseas consulate or embassy or other foreign location that nontheless is considered US territory.
 
Back
Top