Birthright Citizenship…Arguments to begin this week at the Supreme Court.

There you go again. If you do have any common sense, you have to know that the government is not going to deport the parents, leaving the US citizen child to fend for itself....
Happens all the time. If the family really wants the child to stay in the US, they sometimes leave him with a relative/relatives who have permanent status or citizenship. The illegal family members are subject to deportation all the same. I know many families that have been separated in this manner. I have some students in my classes who have been raised up to high school by an aunt and/or uncle. Sometimes a person with permanent status is paid to be the "uncle" or "aunt." That usually doesn't work out well.
 
Remember... the stated goal is to (1) eject the Bad Guys first, THEN (2) eject the rest..
Then why is Trump going after so many non-criminals.
It seems his excuse is that the criminals hide from ICE.
While the non-criminals are found where they work, or go to immigration hearings.
 
The "citizens or subjects of foreign States born within the U.S." are Diplomats, Ambassadors, Foreign State leaders, Kings and Queens, Royal Family and are given diplomatic immunity and not subject to our governing jurisdiction while on our soil that would be otherwise under our jurisdiction.

Justice Joseph Story, famously known for his shaping of the Judiciary and realms of constitutional law with Chief Justice John Marshall...a founding father, is still cited today for his rulings and writings.

In one of his decisions for a case at the time, (all before the civil war) he defined and explained the exceptions to the "All Persons" and the "Subject to our jurisdiction" part that the Civil Rights bill and 14th Amendment later adopted in their wording.



Pre-Amendment citizenship law

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Before the adoption of the Fourteenth Amendment, the antebellum United States generally embraced the common-law doctrine of citizenship by birth within the country. Justice Joseph Story described the rule in Inglis v. Trustees of Sailor's Snug Harbor:


Story excluded children of ambassadors and the children of occupying enemy soldiers from those eligible for citizenship under the common law. But the rule also applied only to the people born of "free persons," thus excluding the children of slaves. The rule also excluded the children of Native Americans living in tribes, on the reasoning that they were born under the dominion of their tribes, and not within the purview of the law of the United States.
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Outside the above categories, the rule was generous in scope. One antebellum treatise, by William Rawle, stated: "Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity."

In the 1844 New York case of Lynch v. Clarke, the court held that the common law doctrine applied in the United States, and ruled that a child born in the country of a temporary visitor was a natural-born citizen under this rule
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Again, citizenship at birth was common practice prior to the civil war with just the few exceptions.

Now granted, the founders would have had no conception of what we call illegal aliens today, or that we could be concerned about birthright citizenship....to them it went hand in hand with being a NATURAL born citizen vs a Naturalized through laws citizen... since they are the ones who introduced birthright citizenship with a person's qualification to be a US President....imo....

They had lived under common law which covered birthright citizenship under the jurisdiction laws, for a couple of hundred years in America already, before the Revolution.
The founders understood why it was so important to continue with birthright citizenship after we became a Constitutional Republic....

They understood the language and terms that we now are debating today.

They simply, imo, could not for see today's times...again, I'll give you that...

But this also for me, is the reason why I believe the Supreme court will end up ruling, that a constitutional amendment is needed to change it... to ...mean, what y'all falsely claim it means already.
the Supreme Court stated that this qualifying phrase was intended to exclude “children of ministers, consuls, and citizens or subjects of foreign States born within the United States.

This does not say what you explained it to mean.
 
It was after the 14th Amendment and ever since.
Before the 14th it was the law of the land in our colonies with common law. After the revolution states continued jus soli, birthright citizenship with the 3 exceptions ...diplomats, enemies, Indians plus slaves....though rules may have varied slightly under each state.

The 14th gave slaves the birthright citizenship that all other on our soil persons already had for their child... with the exceptions.

And it nullified Dred Scott decision and solidified the Civil rights bill, from my understanding?
 
Crossing a border does not confer citizenship. No matter the intent.
Right, it did not Gaetz be them automatic citizenship, and no one with my view has said it does. In the constitution and state laws they are referred to as persons, or aliens, or foreigners, or travelers, but never as citizens....unless of course they do get Naturalized and citizenship that way.
 
Indians were not on American soil. They were born on tribal soil and thus not "subject to the jurisdiction thereof" of the United States.


For almost 100 years, prior to this ruling and after the Louisiana Purchase, Indians were living and being born on US territory without birthright citizenship. Try harder, history is against you.
 
But some of those slaves were "illegals"
And those "illegals" had birthright citizenship.
The only illegal slaves were those brought here AFTER we passed the law outlawing more imports, but raping and breeding our own was still HIGH on the agenda.

the 13th amend overturned Dred Scott and made slavery illegal in the US
 
For almost 100 years, prior to this ruling and after the Louisiana Purchase, Indians were living and being born on US territory without birthright citizenship. Try harder, history is against you.
Why'd we bother with treaties and purchasing native american land, then?

try harder
 
Right, it did not Gaetz be them automatic citizenship, and no one with my view has said it does. In the constitution and state laws they are referred to as persons, or aliens, or foreigners, or travelers, but never as citizens....unless of course they do get Naturalized and citizenship that way.
Then their children cannot be citizens.
 
Passed by Congress June 13, 1866, and ratified July 9, 1868,

Section 1.
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.
Children born to persons not here legally are citizens of their parents' country.

Citizens of foreign countries may be subject to temporary jurisdiction here for law-enforcement but they are also under the SOVEREIGN JURISDICTION of that foreign country... and SOVEREIGN jurisdiction trumps TEMPORARY jurisdiction every time.

Now... if SCOTUS rules that the 14th refers to SOVEREIGN jurisdiction rather than TEMPORARY jurisdiction... ;):p:itsok:

Ya see... there's always a loophole to be found, someplace or another for the Good Guys (the United States) to use... :auiqs.jpg:

The only question is, is this "interpretative loophole" big enough for SCOTUS to jump through to achieve the desired outcome?

Time to close the long-standing highly-problematic Anchor Baby Loophole that ILLEGALS and Dems have been exploiting...
 
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Then why is Trump going after so many non-criminals.
Because the non-criminals go too... and if they're encountered while sifting-through others, they're ejected as well...

Hell... DHS and CPB and ICE have been saying just that for months now... "collateral" detainment and deportation WILL continue...
It seems his excuse is that the criminals hide from ICE.
Excuses don't matter... they're ALL targeted for deportation... it's only a matter of "when"...

If you're here illegally and we catch you, you're going to be detained and deported...

Priority is on "hardened criminals" but as long as we've got you during any such sweep... you're going too...

It's really not very difficult to understand...

While the non-criminals are found where they work, or go to immigration hearings.
Doesn't matter... they all go... if you snuck-in, you're already a law-breaker... you go... no apologies... end-of-story... :itsok:
 
AI Overview

No, the US does not have jurisdiction over diplomats, except in limited circumstances. Diplomats, particularly those with diplomatic agent-level immunity, are generally immune from criminal, civil, and administrative jurisdiction in the host country. This immunity is granted to protect them from interference in their official duties and to facilitate diplomatic relations.
Sure, we do. Diplomats are still breaking the law they are just shielded by diplomatic immunity; however, the US can expel them, or their country can rescind said immunity and that person can then be charged. The idea that diplomats can just go around willy nilly breaking the law without consequence is fucking moronic. The purpose of diplomatic immunity is to shield diplomats from harassment, from the host country or taking them into custody as a negotiating tactic not to place them above the law.
 
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