Opinion Article: Don’t Freak Out When We Lose the Birthright Citizenship Case

[martybegan]

Lawyer makes Kurt Schlichter the point that we will likely lose the Birthright Citizenship case on procedural grounds, and this is just starting the fight.


Don’t Freak Out When We Lose the Birthright Citizenship Case

First, I’m not going to rehash the arguments about birthright citizenship. I already agree with you. I think the long-standing interpretation of the 14th Amendment is incorrect. I know all the reasons, and I’m familiar with the arguments. You don’t need to convince me. Please don’t fill the comments up with, “Well, Kurt, what about this particular bit of legislative history or that particular definition of ‘jurisdiction?’” We’re past all that. It doesn’t matter anymore. The Court is going to do what the Court is going to do, and I’m going to tell you below what the Court is going to do and why. You don’t have to like it, but you should try to understand it if only to be better prepared for the next fight.

So, here’s your spoiler. We’re going to lose this case, likely on procedural grounds rather than on the issue of birthright citizenship itself. What it is probably going to be is the justices somehow ruling that Trump‘s executive order banning birthright citizenship is procedurally flawed and unenforceable. The majority opinion is probably not even going to reach whether the 14th Amendment requires birthright citizenship. Now, the three leftist justices will probably write a concurrence to that effect, but that’s not going to be the holding of the case that creates precedent. Their avoiding a ruling on the constitutionality of Trump’s birthright citizenship ban is not necessarily because the other justices are cowardly, though it does provide a great excuse to avoid a great controversy. There is a principle in the law that courts will avoid ruling something unconstitutional if they can do so on some other ground. And they will be most happy to do so here.

So our first option is try to pass some laws via congress that can define "under the jurisdiction thereof" and clarify the situation, and the 2nd longer option is an amendment removing it.

 

[candycorn]

Lawyer makes Kurt Schlichter the point that we will likely lose the Birthright Citizenship case on procedural grounds, and this is just starting the fight.


Don’t Freak Out When We Lose the Birthright Citizenship Case





So our first option is try to pass some laws via congress that can define "under the jurisdiction thereof" and clarify the situation, and the 2nd longer option is an amendment removing it.

The system has worked fine for around 250 years. Zero need to change it. As for the court, this is the same court that said money=speech so they could rule that water isn't wet and it wouldn't surprise me.

 

[martybegan]

The system has worked fine for around 250 years. Zero need to change it. As for the court, this is the same court that said money=speech so they could rule that water isn't wet and it wouldn't surprise me.

Plenty of need to change it. The idea that some pregnant woman can come here, give birth and then go home with a US citizen child is idiotic. Same as people who come here illegally getting rewarded with the same.

 

[candycorn]

Plenty of need to change it.

No there isn't.

The idea that some pregnant woman can come here, give birth and then go home with a US citizen child is idiotic.

Why?

 

[martybegan]

No there isn't.

Why?

Yes, there is, for the reasons I stated.

 

[JoeB131]

So our first option is try to pass some laws via congress that can define "under the jurisdiction thereof" and clarify the situation, and the 2nd longer option is an amendment removing it.

Amendment isn't going to happen. We can't even pass amendments doing sensible stuff like repealing the Second Amendment or getting rid of the electoral college.

As for laws, those laws would be immediately challenged and we'd be back where we started.

 

[martybegan]

Amendment isn't going to happen. We can't even pass amendments doing sensible stuff like repealing the Second Amendment or getting rid of the electoral college.

As for laws, those laws would be immediately challenged and we'd be back where we started.

Challenged, but if constructed properly, could pass constitutional muster.

Article V convention time.

And more people would support an amendment strengthening the 2nd than removing it.

 

[22lcidw]

The system has worked fine for around 250 years. Zero need to change it. As for the court, this is the same court that said money=speech so they could rule that water isn't wet and it wouldn't surprise me.

No assimilation. No nation.

 

[Hafar1014]

This has to happen we have to stop the third world invasion of immigrants. Half of them are on welfare, tens of thousands are criminals. The good news is they are flocking to democrat sanctuary cities while the wealth creators leave.

 

[SeaMajor7]

The demented LEFT want to use our Constitution as a suicide pact.

 

[JoeB131]

The gem of the piece is wher Schitler says we should send pregnant foreign women to Gitmo so their babies won't be citizens.

Wow.

I mean. Effing Wow.

 

[kyzr]

Amendment isn't going to happen. We can't even pass amendments doing sensible stuff like repealing the Second Amendment or getting rid of the electoral college.

I agree those will never happen, thankfully.

As for laws, those laws would be immediately challenged and we'd be back where we started.

What basis would the Law be challenged?
Redefining what "subject to the jurisdiction thereof" means is perfectly legitimate.

 

[pknopp]

It's going to be over ruled but not on procedural grounds. No laws (outside of a Constitutional Amendment) will change a thing.

 

[schmidlap]

The demented LEFT want to use our Constitution as a suicide pact.

Respecting the United States Constitution is an incredibly slow form of seppuku.

“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”. This clause establishes that citizenship is automatically conferred at birth to nearly everyone born on U.S. soil, regardless of parental citizenship, with narrow exceptions such as children of foreign diplomats or enemy combatants.

​

 

[citygator]

 

[SeaMajor7]

Respecting the United States Constitution is an incredibly slow form of seppuku.

“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”. This clause establishes that citizenship is automatically conferred at birth to nearly everyone born on U.S. soil, regardless of parental citizenship, with narrow exceptions such as children of foreign diplomats or enemy combatants.

​

The 14th Amendment wasn't ratified for BIRTHRIGHT TOURISM, you freaking ASSHOLE.

 

[martybegan]

The gem of the piece is wher Schitler says we should send pregnant foreign women to Gitmo so their babies won't be citizens.

Wow.

I mean. Effing Wow.

Why should we allow people to come here for the sole reason of birthing an American Citizen they will then take back home with them?

 

[JoeB131]

Plenty of need to change it. The idea that some pregnant woman can come here, give birth and then go home with a US citizen child is idiotic. Same as people who come here illegally getting rewarded with the same.

Again, as long as white people keep hiring undocumented aliens, they will keep coming, and some of them are going to make babies. DEAL WITH IT.

Frankly, who cares if she goes home with a US citizen baby. That might be a problem in 18 years, assuming that person really wants to exercise that right.

At the rate your beloved Billionaire Class is gutting this country, baby Chen would probably want to stay in China when he grows up.

 

[pknopp]

Why should we allow people to come here for the sole reason of birthing an American Citizen they will then take back home with them?

Don't.

 

[martybegan]

View attachment 1241598

You just aren't used to people being honest about things, as your hive mind prevents it from happening.