The Supreme Court wouldn’t be “creating” anything, they’d be applying the plain text of the 14th Amendment: “All persons born… in the United States, and subject to the jurisdiction thereof, are citizens.”
That was already settled in United States v. Wong Kim Ark—over a century ago.
In
United States v. Wong Kim Ark, the court found that a child (Wong Kim Ark) born to parents while on American soil; who were legally in the United States under the Burlingame Treaty of 1868, were legally domiciled residents in the United States at the time of Wong's birth in 1873; had been settled in the U.S. for quite some time; and were carrying on a lawful business; and were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth, was a citizen of the United States.
If a majority on our Supreme Court decides that the offspring of and illegal entrant foreign national, born on American soil, is a citizen of the United States upon birth, it would certainly be creating a new category of United States citizenship, and be doing so without the consent of the people, or the approval of the people’s 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 people’s elected representatives, are granted exclusive power
“To establish a uniform Rule of Naturalization” (Article 1, Section 8, Clause 4), and with reference to the 14th Amendment’s, Section 5, Congress, the people’s elected representatives, are delegated the
“power to enforce, by appropriate legislation, the provisions of” 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
“Republican Form of Government”, 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 decided by the people’s 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?
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.” ___ 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 Administration’s 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.
Why do you have such animus toward adhering to our system's foundational rules and principles?
