Considering a preponderance of historical evidence from the debates of the 39th Congress indicates the 14th Amendment was never intended to grant U.S. citizenship to the offspring of an illegal entrant foreign national, born on American soil, Iām having great difficulty imagining, under what legal reasoning can our Supreme Court members grant the priceless privilege of U.S. citizenship to the mentioned offspring?
For our Supreme Court to create this new priviledged category of legally recognized citizenship, would be doing so without the peopleās consent, or the approval of the peopleās elected representatives. In fact, doing so would make a mockery of and nullify why our founders provided Article 5, in our Constitution (its amendment process) by which a willing and affirmative consent of the people is require to be obtained for such a significant recognition to be added to our Constitution.
Seems to me, by the explicit terms of our Constitution, Congress, the peopleās elected representatives, are granted exclusive power āTo establish a uniform Rule of Naturalizationā (Article 1, Section 8, Clause 4), and with reference to the 14th Amendmentās, Section 5, Congress, the peopleās elected representatives, are delegated the āpower to enforce, by appropriate legislation, the provisions ofā the 14th Amendment. Not our Supreme Court.
Considering the above stated facts, our Supreme Court, in accordance with their oath of office to support and defend our Constitution and its āRepublican Form of Governmentā, should they not apply the reasoned approach found in Luther v. Borden, and acknowledge that a power to decide what turns out to be a political question, is not within the judiciaries delegated authority, and must be decide by the peopleās elected representatives . . . their Legislature and President?
If our S.C. members do not follow Luther v. Borden, and decides to omnipotently create a new category of U.S. citizenship __ a hallowed and most precious privilege ___ would that not meet the very definition of tyranny as expressed by Madison?
āThe accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.ā ___ Madison, Federalist Paper No. 47
Finally, our system provides elections in order for the people to adopt new public policy, which they did by electing Trump as their President. Are we to forget, the good people of the United States lived under the Biden Administrationās open-border policy for four years. If a majority on our Supreme Court decides to create a new category of citizenship for the offspring of illegal entrant foreign nationals born on American soil, they will have also nullified the very reason for which our Founders provided elections, and they will be undoing what a majority of voters voted for when electing Trump as their new President.
For our Supreme Court to create this new priviledged category of legally recognized citizenship, would be doing so without the peopleās consent, or the approval of the peopleās elected representatives. In fact, doing so would make a mockery of and nullify why our founders provided Article 5, in our Constitution (its amendment process) by which a willing and affirmative consent of the people is require to be obtained for such a significant recognition to be added to our Constitution.
Seems to me, by the explicit terms of our Constitution, Congress, the peopleās elected representatives, are granted exclusive power āTo establish a uniform Rule of Naturalizationā (Article 1, Section 8, Clause 4), and with reference to the 14th Amendmentās, Section 5, Congress, the peopleās elected representatives, are delegated the āpower to enforce, by appropriate legislation, the provisions ofā the 14th Amendment. Not our Supreme Court.
Considering the above stated facts, our Supreme Court, in accordance with their oath of office to support and defend our Constitution and its āRepublican Form of Governmentā, should they not apply the reasoned approach found in Luther v. Borden, and acknowledge that a power to decide what turns out to be a political question, is not within the judiciaries delegated authority, and must be decide by the peopleās elected representatives . . . their Legislature and President?
If our S.C. members do not follow Luther v. Borden, and decides to omnipotently create a new category of U.S. citizenship __ a hallowed and most precious privilege ___ would that not meet the very definition of tyranny as expressed by Madison?
āThe accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.ā ___ Madison, Federalist Paper No. 47
Finally, our system provides elections in order for the people to adopt new public policy, which they did by electing Trump as their President. Are we to forget, the good people of the United States lived under the Biden Administrationās open-border policy for four years. If a majority on our Supreme Court decides to create a new category of citizenship for the offspring of illegal entrant foreign nationals born on American soil, they will have also nullified the very reason for which our Founders provided elections, and they will be undoing what a majority of voters voted for when electing Trump as their new President.
