DGS49
Diamond Member
- Thread starter
- #121
There is no Supreme Court decision affirming the right of people born here to automatic citizenship.
Those familiar with how it works know that Supreme Court precedents are only binding when the principle in question was the deciding principle in the case cited. If it was just commentary in the context of a decision, it is not binding. It is referred to as dicta.
A Constitutional Amendment would probably not be required, since is all that is necessary is to take a rational view of the actual words of the 14th. Could Congress pass a law saying, "This is what it means"? I don't know. I think that would be unprecedented.
The Left, and those supporting birthright citizenship, wish to read the 14th as though those words did not exist, when clearly they refer to citizens of other countries (or Indian tribes, I suppose).
Those familiar with how it works know that Supreme Court precedents are only binding when the principle in question was the deciding principle in the case cited. If it was just commentary in the context of a decision, it is not binding. It is referred to as dicta.
A Constitutional Amendment would probably not be required, since is all that is necessary is to take a rational view of the actual words of the 14th. Could Congress pass a law saying, "This is what it means"? I don't know. I think that would be unprecedented.
The Left, and those supporting birthright citizenship, wish to read the 14th as though those words did not exist, when clearly they refer to citizens of other countries (or Indian tribes, I suppose).