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

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.
most likely will lose this case even though 'birthright' citizenship is NOT mentioned in the Constitution. The 13tn and 14th amendments deal with abolishing slavery and equal rights for former slaves along the civil rights acts of 1866 and 1875. Illegal immigration needs to be stopped and legal immigration administered fairly and correctly. Neither party has done squat about this. Trump is trying but has been opposed by dems and inside the beltway so called Republicans.
 
FACT: As currently interpreted, it is terrible public policy.

The court should latch onto the ambiguity of the text [A pox on ANYONE who claims that birthright citizenship is "in the Constitution." It is NOT], and reinterpret it to good public policy as follows: The text should highlight the word, "…reside.." at the end and state that illegals in the country do not RESIDE in the country in any meaningful way.

But they won't do that, and the only real speculation is how they will worm their way out of doing the right thing. They will NOT say that a Constitutional Amendment is required to correct the error, but they could throw it back to Congress to clarify by law.
The Domicile argument doesn't stand up, the justices were highly skeptical.
 
Let’s go back to baby Chen whose parents are CCP flag wavers. They would probably instill in baby Chen a grudge against the US and would grow up to be a subversive looking for any way to harm this country.
And let's roll with Justice Barrett. What about baby former slave? Surely, some of those recently freed slaves, born here in America, had parents that instilled in them a grudge against the country that took their parents from their Motherland. Instilled in them an allegiance to some African nation. Yet they were granted birthright citizenship.
 
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 judges decided the case months if not years ago

Oral arguments are just a dog and pony show
 
So we have another example of Trump being an authoritarian, thinking he can legislate as the president.

In the end that is what this guy is arguing. Trump never learns and he doesn't have what it takes to actually get anything done.

Same thing happened with DACA. Trump thought he could just waive his arms and it would be gone. Supreme Court smacked him down while noting it could be overturned but it would have to be done in a proper manner. Trump wasn't interested.
 
Don’t Freak Out When We Lose the Birthright Citizenship Case
This article brings up the issue of dual citizenship. Can the US confer citizenship on foreign nationals without their consent? Many countries consider children of their citizens to also be citizens of those countries. Does birthright citizenship in the US automatically nullify those laws? Can newborns consent to this?
 
This article brings up the issue of dual citizenship. Can the US confer citizenship on foreign nationals without their consent? Many countries consider children of their citizens to also be citizens of those countries. Does birthright citizenship in the US automatically nullify those laws? Can newborns consent to this?
Interesting question. they would certainly be eligible for the draft.
 
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.
If we're going to do that NOW is the time because democrats probably have a better than 50/50 shot at winning back the House, even if it's only by a vote for two. If that happens, all bets are off.
 
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.
The system has NOT worked fine for 250 years.
 
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