What if the right could win???

[Liquid Reigns]

There is no doubt that they will be let in. To do what? Live off welfare? Cause problems for you and your children / grandchildren?

Don't you think we should be discussing viable ways to address this now?

They would have to obtain a US Passport in order to be let back in, otherwise they would have to apply for a visa, and if they try to enter after a certain age they actually aren't considered US Citizens. All information is in the INA already.

 

[The Sage of Main Street]

I've heard it said that if a man could have half his wishes, he'd just double his trouble. Now, I'd like for you to remember that as I give you something to think about. BTW, this isn't about Dreamers, Trump, Obama or even directly about "illegal" aliens, so work with ,me here, pay close attention, and see if you can come up with an answer.

Let's pretend that Trump could win. He's built his wall and he's deported everybody he don't like. Now, let's apply a little common sense:

Suppose that you have this typical couple and we'll call them Hosea and Maria. They entered the United States in 2011 without papers. While they were here, they had four children born in the United States. Those four children are American citizens with birth certificates and a Socialist Surveillance Number ... I mean "Social Security Number" as evidence of their citizenship.

Anyway, in 2018 Hosea and Maria will be forced out of the United States and they take their four children with them. Now, we fast forward to 2030 - and most of you will most likely still be alive. Hosea and Maria's children will be coming of age and may decide to come back to the United States. Now, bear in mind, there will be MILLIONS of people in the same predicament as Hosea and Maria's children.

These children cannot be kept out of the United States. They are citizens. So, they show up at the border without a family support system (we deported them), no education, no job skills, and no way to become self sufficient. They have no money and they are showing up by the MILLIONS! Now, what is your plan?

Let's take the usual "fixes" off the table. The generation of children BEFORE Maria and Hosea's kids were born here not forced out the United States and went on to serve in the military, work for the government, etc. Because their citizenship is not in doubt, neither will Maria and Hosea's children.... it's that 14th Amendment guarantee of equal protection. Then you have that little thing known as the ban on ex post facto laws. See Article 1 Section 9 of the Constitution. You cannot uncitizen those people. So, what, exactly, do you do with them? You cannot deport them. They're Americans.

SCROTUS has changed its opinion many times. So it can nullify the anchor-baby interpretation based on the rule of law that no one can be awarded a Constitutional right acquired through illegal means. We, the people, are the ultimate judge of the "justices." Their opinions are non-binding, so we can nullify their dictatorship and deport any foreign fetuses that we didn't ask our, the people's, government to import. And do it retroactively, which would negate hillary's popular-vote margin, making it a margin of error.

 

[The Sage of Main Street]

I had the impression that there are people seeking to do away with the automatic citizenship
for people born in the USA-----if the parents are not citizens. -----FROM NOW ON.....
its not true?

They can seek all they want, but this is civics 101. Under the 14th Amendment, if you were born here, you are a citizen. Again, the government cannot "uncitizen" those already here. And, even if that could be done (and trust me, it cannot) you still have that problem I described.

The Constitution's ban on ex post facto laws prohibits the kind of legislation you're describing. The only remedy you have is to amend the Constitution. That requires either two thirds of the U.S. House and Senate OR two thirds of the state legislatures. Most laws are being passed right now with 50 percent plus one vote. Where are you going to find these people to make up a two thirds majority?

You can't put a federal law on the books to do away with birth citizenship. It don't work that way.

But, I will tell you again:

A child born in the United States, say in 1998 or thereabouts (whose parents are undocumented) and graduated high school, served in the military and has a family here is an American citizen. The likelihood that ANY Court could now declare those MILLIONS of people to not be citizens is an impossibility.... and those children who will come back home are protected by the precedent those who have been here for 20 + years and are grown citizens.

These Chihuahua puppies were conceived under the juristiction of Mexico and remain that way no matter where they were born. They can only be born legally if their parents become American citizens, which is a right that is not up for grabs, no matter how much you traitors put the aggression of foreigners above the will of the American people.

 

[The Sage of Main Street]

People are working on lots of things that will never happen. I wouldn't hold my breath for the constitutional amendment required to make that one happen

According to Justice Gray in the Wong Kim Ark Case the Citizenship Clause is nothing more than Declaratory of existing law.

United States v. Wong Kim Ark

As appears upon the face of the amendment, as well as from the history of the times, this was not intended to impose any new restrictions upon citizenship, or to prevent any persons from becoming citizens by the fact of birth within the United States who would thereby have become citizens according to the law existing before its adoption. It is declaratory in form, and enabling and extending in effect.

and

No one doubts that the Amendment, as soon as it was promulgated, applied to persons of African descent born in the United States, wherever the birthplace of their parents might have been, and yet, for two years afterwards, there was no statute authorizing persons of that race to be naturalized. If the omission or the refusal of Congress to permit certain [p704] classes of persons to be made citizens by naturalization could be allowed the effect of correspondingly restricting the classes of persons who should become citizens.by birth, it would be in the power of Congress, at any time, by striking negroes out of the naturalization laws, and limiting those laws, as they were formerly limited, to white persons only, to defeat the main purpose of the Constitutional Amendment.

We don't need an Amendment to overturn an interpretation of an Amendment.

The Ex Post Facto ban doesn't apply to retroactively punishing what was originally illegal.
Another Amendment may not be needed, simply changing the Civil Rights Act of 1866, may be all that is needed.

NINETY FIVE THESES

We don't need an Amendment to override an interpretation of an Amendment.

The Ex Post Facto ban doesn't apply to what was originally illegal anyway. That would be a statute of limitations, which is a legislative matter, not a judicial one. And why should we allow these anchors to tie us down, no matter how long they've been freeloading off what was built for the United States, not the "United" Nations?