A Short Primer on the Citizenship Clause in the 14th Amendment

[excalibur]

The alleged case many hang their hats on, Yick Wo v. Hopkins, never granted birthright citizenship to any and all.

Indeed, it was specifically aimed at the Chinese situation as it existed at the time, and here in this case, they took pains to mention that Yick Wo's parents were legally resident in the United States when Yick Wo was born. Legal alien parents.

 

[Admiral Rockwell Tory]

The alleged case many hang their hats on, Yick Wo v. Hopkins, never granted birthright citizenship to any and all.

Indeed, it was specifically aimed at the Chinese situation as it existed at the time, and here in this case, they took pains to mention that Yick Wo's parents were legally resident in the United States when Yick Wo was born. Legal alien parents.

Has nothing to do with that case as it involved racial discrimination.

 

[excalibur]

Has nothing to do with that case as it involved racial discrimination.

Had everything to do with it, Yick Wo dealt with legal resident alien children, nothing in that case is about illegal alien children.

Nothing in Yick Wo grants birthright citizenship to non-legal-resident alien children, and neither you nor anyone else can show it did.

 

[NewsVine_Mariyam]

Well then the amendment should have said so.

That's not exactly a fair statement. That's like saying that when they ratified the 1st amendment that they should have included/excluded situations involving the internet. Or having the foresight or imagination to prohibit the mass surveillance of the U.S. population that modern technology allows in violation of the 4th amendments prohibitions on "...unreasonable searches and seizures" without a warrant.

 

[NewsVine_Mariyam]

Should we go by what others said about it, or what it actually says?

Unfortunately, our legal system is allowed to gaslight us in this respect.

 

[NewsVine_Mariyam]

Nope, it has not.

Read the 14th amendment
Been that way for 150 years

And it's been misinterpreted since Wong Kim Ark

 

[excalibur]

The alleged case many hang their hats on, Yick Wo v. Hopkins, never granted birthright citizenship to any and all.

Indeed, it was specifically aimed at the Chinese situation as it existed at the time, and here in this case, they took pains to mention that Yick Wo's parents were legally resident in the United States when Yick Wo was born. Legal alien parents.

My bad, I was going through several cases and confused Yick Wo with Wong Kim Ark. The above should be Wong Kim Ark.

 

[excalibur]

Had everything to do with it, Won Kim Ark dealt with legal resident alien children, nothing in that case is about illegal alien children.

Nothing in Wong Kim Ark grants birthright citizenship to non-legal-resident alien children, and neither you nor anyone else can show it did.

I meant Wong Kim Ark, not Yick Wo and have corrected it.

My bad for conflating the two.

 

[excalibur]

Has nothing to do with that case as it involved racial discrimination.

Correct, and I have corrected this below. I conflated Yick Wo with Wong Kim Ark. I intended Wong Kim Ark.

My bad.

 

[John Edgar Slow Horses]

The alleged case many hang their hats on, Yick Wo v. Hopkins, never granted birthright citizenship to any and all.

Indeed, it was specifically aimed at the Chinese situation as it existed at the time, and here in this case, they took pains to mention that Yick Wo's parents were legally resident in the United States when Yick Wo was born. Legal alien parents.

That case had nothing to do with citizenship.

 

[John Edgar Slow Horses]

And it's been misinterpreted since Wong Kim Ark

It was correctly interpreted.

The Court most likely will deny to hear it and let the current interpretation stand with seven votes.

 

[pknopp]

That's not exactly a fair statement. That's like saying that when they ratified the 1st amendment that they should have included/excluded situations involving the internet.

Why? Free speech is free speech.

Or having the foresight or imagination to prohibit the mass surveillance of the U.S. population that modern technology allows in violation of the 4th amendments prohibitions on "...unreasonable searches and seizures" without a warrant.

I believe they did.

 

[sparky]

Education is a right extended even to illegal immigrants by a ruling of SCOTUS.

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Yes, the Supreme Court's 1982 ruling in Plyler v. Doe established that states cannot deny free public education to children based on their immigration status, meaning undocumented students have a right to K-12 education.


free????
~S~

 

[Admiral Rockwell Tory]

AI Overview
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Yes, the Supreme Court's 1982 ruling in Plyler v. Doe established that states cannot deny free public education to children based on their immigration status, meaning undocumented students have a right to K-12 education.


free????
~S~

Provided by the state, just like kids who are citizens. The technical phrase is "freeand appropriate public education" FAPE.

 

[rightwinger]

And it's been misinterpreted since Wong Kim Ark

It is quite clear

 

[Admiral Rockwell Tory]

My bad, I was going through several cases and confused Yick Wo with Wong Kim Ark. The above should be Wong Kim Ark.

You should have deleted your post. Thank you for admitting the error.

 

[NewsVine_Mariyam]

It is quite clear

The Wong Kim Ark case is by all appearances the correct interpretation, it's the subsequent ones in which the circumstances are different that are the problem, not the landmark SCOTUS case.

AND it's not correct to claim that they were ruled upon in the manner that they were based on Wong Kim Ark, because again, there is a major difference.