Wong Kim Ark

[Damocles]

It’s a HUGE stretch to imagine “jurisdiction” means allegiance. In any world…

And yet this has been argued for a long time, and it didn't seem to matter that you are personally dismissive. I understand that the SCOTUS has chosen to hear this case, because they are willing to hear legal arguments on the subject rather than dismiss out of hand. My best guess is, you will continue to pretend that there is no other way to look at it other than the way you do, and that you will wind up surprised when they listen to the argument and ask better questions.

One thing that I know about you today, if I were in the Senate I would not vote to confirm you as a judge, you are way too sure of your own legal opinion, even when you have spent exactly zero minutes researching the other side of the argument.

 

[FastLane]

Are you Trumppers saying Wong Kim Ark should be overturned, or that it does not hold that people born in the United States are citizens?

If their parents have permanent Domicile in the US like Ark , green card holders these days, when they were born in the US they are citizens. Illegal aliens never have permanent domicile in the US.

Except from Wong Kim Ark's decision.:

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution, “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.” . . .

 

[Jarod]

If their parents have permanent Domicile in the US like Ark , green card holders these days, when they were born in the US they are citizens. Illegal aliens never have permanent domicile in the US.

Except from Wong Kim Ark's decision.:

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution, “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.” . . .

So you believe what Trump is asking for is beyond the scope of Ark? A different enough situation that ARK can stand and Trump can still win?

What is the significant difference?