Appeals Court Refuses To Lift Block On Trumps Restricting Birthright Citizenship

[pknopp]

He is saying if said German has a baby while in jail, that her baby would be a citizen.

The issue is that we all know the intent was most certainly not to allow people that break laws that explicitly restrict entry into the country to have kids that are legal citizens. Such laws didn’t exist at the time. I can assure you that if this question was posed to the framers of the 14th, they would side with the Republican side of this argument, in fact, they would likely have been puzzled as to why this question even had to be asked.

The 14th was passed in 1868 when people would freely come back and forth across the border and few seemed to have an issue with that.

 

[John Edgar Slow Horses]

Intent will come into play, as always, when the Supreme Court hears this case. That is where you lefties will have trouble.

The intent is obvious. That anyone born here, other than children of foreign diplomats, is a citizen.

You will lose 9-0.

 

[John Edgar Slow Horses]

Intent must be taken into account. ”and subject to the jurisdiction thereof” is the key phrase that must be re-evaluated. Why was that included? Why not just simply say, anyone born in the US is a citizen? It is because they obviously recognized that there were some exceptions, but those exceptions were not explicitly defined.

Do you believe the framers of the 14th in 1866 foresaw people sneaking over our border illegally and having babies that are citizens? I can assure you, that had they seen that coming, they would have changed the wording.

Regardless, the framers of the 14th Amendment recognized that there were some exceptions. What those exceptions are is most certainly up for debate since they weren’t explicitly included.

That makes the Justice laugh every time they read this argument.

 

[pknopp]

The intent is obvious. That anyone born here, other than children of foreign diplomats, is a citizen.

You will lose 9-0.

Thomas will be a dissenting jurist because that is who he is now.

 

[rightwinger]

Great point. Times change.

For the sake of argument, what if the 14th Amendment didn’t exist? Given the state of the world and the US, would a proposal to draft an amendment to provide birthright citizenship to children born to illegals or those traveling on vacation make any sense? Times and circumstances change, but again, the framers of the14th Amendment purposely added an opened ended exclusion to birthright citizenship, leaving it open to interpretation so that it could account for unforeseen changes in the country. Maybe that was on purpose. If so, it was brilliant. Regardless, the exceptions must be determined and explicitly defined.

Great pass another amendment

 

[BackAgain]

Believe it or not
In 1867 they understood what the English language was.
If they meant ex-slaves, they would have said ex-slaves

Oh. They said what they meant, you idiot.

It is you who fails to grasp that what they wrote and how you interpret it are different things.

 

[WEATHER53]

The judiciary is the law in the US.

Yes, it has judicial review on the executive and the legislative branches.

Co equal and not superior. You all continue to falsely and fakely equate the entire body of the branch with one or two highly likely bribed “judge”

 

[rightwinger]

Oh. They said what they meant, you idiot.

It is you who fails to grasp that what they wrote and how you interpret it are different things.

It is quite clear
If you don’t like it
Change it

 

[BackAgain]

It is quite clear

No. It certainly is not.

If you don’t like it
Change it

I like it just fine.

You’re the one seeking to impose on all of us your silly interpretation.

 

[80zephyr]

No. It certainly is not.

I like it just fine.

You’re the one seeking to impose on all of us your silly interpretation.

What exactly makes his interpretation any more silly than yours?

 

[BackAgain]

What exactly makes his interpretation any more silly than yours?

Progress. I gather you acknowledge, then, that it does require interpretation.

You’re now one up on Leftwhiner.

 

[80zephyr]

Progress. I gather you acknowledge, then, that it does require interpretation.

You’re now one up on Leftwhiner.

Answer the question please?

 

[John Edgar Slow Horses]

Co equal and not superior. You all continue to falsely and fakely equate the entire body of the branch with one or two highly likely bribed “judge”

Deflection and lack of understanding.

The judiciary decides what the law means. The President does not tell the judges how to do their job.

 

[justoffal]

A federal appeals court continued Tuesday to block President Donald Trump’s order to end automatic citizenship to children born to two parents who are not legally authorized to be in the country, another setback for his top priority of strengthening immigration enforcement.

Appeals court refuses to lift block on Trump's order restricting birthright citizenship

President Donald Trump's order to halt automatic citizenship for children born to parents in the country without legal authorization is blocked again.

www.usatoday.com

he 1st U.S. Circuit Court of Appeals covering New England became the nation's second federal appeals court to refuse Trump’s request to allow his order to take effect while the case is litigated, after the 9th U.S. Circuit Court of Appeals along the West Coast. Trump has said he expects to eventually win the legal dispute at the Supreme Court.

A three-judge appeals panel refused to overturn the lower-court's injunction, which found the states were likely to succeed in proving the order violated the Constitution and that the children at stake would be irreparably harmed.

Whistling pass the graveyard on its way to a 6-3 decision.....5-4 at worst case.

 

[The Sage of Main Street]

?

SCROTUS Interpreted the Constitution as Giving It the Right to Interpret the Constitution

It was obviously not in the Constitution, or it would have been applied from 1789 on. Certainly, Adams's Sedition Act would have been mustered, although a megalomaniac Chief Just-Us like John Marshall would have twisted the First Amendment just like he twisted the powers of SCROTUS.

Who made you think that the status quo is the way things have to be?

 

[The Sage of Main Street]

How to amend the U.S. Constitution was covered in Senior Year Civics in high school. I know MAGA MAGGOTS aren't big learning but amending the Constitution you learn in high school. No president has the power to amend the constitution on his/her own.


XIV Amendment:

Citizenship Clause:

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.

The Citizenship Clause is very clear.

And under the United States Constitution, the Executive Branch has no authority to amend the Constitution. Only Legislative Branch has that authority. All person born or naturalized in the United State, which means ALL PEOPLE born or naturalized are citizens. 47 exceeded his authority.

Thou Shalt Not Have Strange Gods

The Parties have switched sides again. Now the Democrats are the devout Constitution-bangers.

 

[The Sage of Main Street]

Those here illegally are "under the jurisdiction" or otherwise they couldn't be arrested and held accountable for their actions unlike say a diplomat.

Their Constitution Was Written by Politicians for Politicians

Being mind-slaves to what the self-appointed authorities tell us about a totalitarian and humiliating supremacy document written in a politically ignorant era, Americans' use of logic is suppressed. It is a contradiction to get a legal right through illegal means. Quibbling about the interpretation is the way the rulers pacify us.

 

[rightwinger]

SCROTUS Interpreted the Constitution as Giving It the Right to Interpret the Constitution

It was obviously not in the Constitution, or it would have been applied from 1789 on. Certainly, Adams's Sedition Act would have been mustered, although a megalomaniac Chief Just-Us like John Marshall would have twisted the First Amendment just like he twisted the powers of SCROTUS.

Who made you think that the status quo is the way things have to be?

235 years is some status quo

 

[The Sage of Main Street]

Those here illegally are "under the jurisdiction" or otherwise they couldn't be arrested and held accountable for their actions unlike say a diplomat.

Their Constitution Was Written by Politicians for Politicians

Being mind-slaves to what the self-appointed authorities tell us about a totalitarian and humiliating supremacy document written in a politically ignorant era, Americans' use of logic is suppressed. It is a contradiction to get a legal right through illegal means. Quibbling about the interpretation is the way the rulers pacify us.

Great, pass another amendment

Pass Wind

 

[The Sage of Main Street]

235 years is some status quo

Long Enough for That Elitist Manifesto to Rot and Turn Putrid