S.C. needs to keep nose out of immigration policy making decisions, Trump v. Barbara

[johnwk]

1. No category of people were in the country illegally....

Correct!

And in this thread we are talking about the millions of foreign nationals who entered our country illegally under the Biden Administration, and thus, the offspring born to the above mentioned illegal entrant foreign nationals on American soil are not eligible for U.S. citizenship upon their birth.
in the case Wong Kim Ark, (1898), the facts stated in Wong Kim Ark confirm,

(1)Wong Kim Ark’s parents were not in the United States illegally;

(2) had been settled in American for quite some time;

(3) the parents had a permanent domicile and residence in the United States;

(4) they were carrying on a lawful business;

(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.

After the above facts were established by the Court, Justice Gray then stated with regard to Wong Kim Ark’s question of citizenship:

For the reasons above stated, the court was of the opinion that the question must be answered in the affirmative.

The above conditions are not being meet by the millions of foreign nationals who entered our country illegally under the Biden Administration, and thus, the offspring born to the above mentioned illegal entrant foreign nationals on American soil are not eligible for U.S. citizenship upon their birth.

 

[Care4all]

Correct!

And in this thread we are talking about the millions of foreign nationals who entered our country illegally under the Biden Administration, and thus, the offspring born to the above mentioned illegal entrant foreign nationals on American soil are not eligible for U.S. citizenship upon their birth.
in the case Wong Kim Ark, (1898), the facts stated in Wong Kim Ark confirm,

(1)Wong Kim Ark’s parents were not in the United States illegally;

(2) had been settled in American for quite some time;

(3) the parents had a permanent domicile and residence in the United States;

(4) they were carrying on a lawful business;

(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.

After the above facts were established by the Court, Justice Gray then stated with regard to Wong Kim Ark’s question of citizenship:

For the reasons above stated, the court was of the opinion that the question must be answered in the affirmative.

The above conditions are not being meet by the millions of foreign nationals who entered our country illegally under the Biden Administration, and thus, the offspring born to the above mentioned illegal entrant foreign nationals on American soil are not eligible for U.S. citizenship upon their birth.

None of that mattered. There was no mention of illegal vs legal.... The situation did not exist for immigrants at the time of the constitution's 14th.....

Only aliens that were foreign diplomats, and foreign warships and enemy combatants on our soil could not bear U.S. Citizens on our soil/waters.

YOU DO KNOW THAT before the 14th amendment, ALL PERSONS BORN ON OUR SOIL by foreigners, aliens, WERE BORN CITIZENS OF THE UNITED STATES ....with slaves, Indians, and war enemies, diplomats as the exceptions

You need an amendment to change the 14th to exclude what today, are labeled illegals.

 

[johnwk]

You need an amendment to change the 14th to exclude what today, are labeled illegals.

Wrong. Unwritten federal public policy, and only unwritten federal public policy, now recognizes the offspring of illegal entrant foreign nationals as U.S. citizens upon birth.

Trump's E.O. Protecting the Meaning and Value of American Citizenship, is in full compliance with the legislative intent of the 1st section of the 14th Amendment.

If not, please explain in detail why it is not in total harmony with the text of the 1st Section of the 14th Amendment and its documented "legislative intent", which gives context to its text.

 

[busybee01]

FACT: Unwritten federal public policy, and only federal unwritten public policy, now recognizes citizenship for the offspring of illegal entrant foreign nationals born on American soil.

But the qualifier in the 14th Amendment “and subject to the jurisdiction thereof” was explicitly adopted by its framers to exclude the offspring of foreign nationals not owing an allegiance to the United States.

During the debates on the 14th Amendment, and with regard to the 14th Amendment's wording, the question was repeatedly asked as to who is and who is not a citizen of the United States. Mr. TRUMBULL responded as follows SEE: page 2893, Congressional Globe, 39th Congress (1866)

1st column halfway down

“The provision is, that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” . . . “What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means.”


It must also be noted that John A. Bingham, considered the architect of the 14th Amendment remarks in the following manner on the intended meaning of “jurisdiction” in connection with citizenship.

I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…”Congressional Globe, 39th Congress (March 9th,1866) pg. 1291, middle column half way down.

And just how would aliens relinquish their allegiance to their country of origin so a child born to them thereafter and on American soil would be considered a citizen of the united States within the meaning of the 14th Amendment?

SURPRISE! By our naturalization process which requires an “Oath of Allegiance to the United States” and which renounces an allegiance to their country of origin, which is one of the requirements referenced in the debates during the framing of the 14th Amendment!


Trump's Executive Order is acting within Executive Office powers in changing existing citizenship public policy with regard to the offspring of illegal entrant foreign nationals born on American soil. keep in mind the Biden Administration ignored the general welfare of the United States and her citizens, and allowed millions of foreign nationals to cross our border without being vetted, and included tens of thousands criminals, child molesters, mentally ill, drug dealers, etc.

Does our Supreme Court need to be reminded that Elections have consequences?

See ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003) …..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess.

The S.C. needs to keep its stricken nose out of policy make decisions of this magnitude, Trump v. Barbara, especially when Congress is authorized by the terms of the 14th Amendment to make adjustments if needed, and not our Supreme Court.

Section 5 of the 14th Amendment:

"The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."


JWK



The accumulation of all powers, legislative, executive, and judiciary, in the same hands (Our Supreme Court) whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ___ Madison, Federalist Paper No. 47

Fact: When the 14th Amendment was proposed by Sen Howard(R-MI). he made this opening statement as to what his amendment would do.

"Mr. HOWARD. … This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

He made it clear that the only people who it did not apply to was families of foreign diplomats. The debate in the Senate proceeded on that basis. The final text of the Constitution says jurisdiction not allegiance. Jurisdiction means that a individual is subject to the laws of the US. Worth noting that diplomats are not subject to the jurisdiction of the US.

The Supreme Court has ignored the Constitution in several cases. The attacks on the Voting Rights Act ignores the fact that the Constitution allows Congress to regulate federal elections. It looks like the Supreme Court will respect the Constitution and throw out this unconstitutional order.