Politics TRUMP SAYS HE PLANS TO SIGN EXECUTIVE ORDER TO TERMINATE BIRTHRIGHT CITIZENSHIP

Discussion in 'Blazers OT Forum' started by SlyPokerDog, Oct 30, 2018.

  1. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Interesting interpretation, that the jurisdiction clause only applies to foreign dignitaries, ie those who would claim "diplomatic immunity" were they to be charged with a crime. I can see the logic in that interpretation. If Trump actually does sign an EO, and it is challenged (as it most assuredly would be), perhaps we shall see if SCOTUS agrees.
     
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  2. Stevenson

    Stevenson Old School

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    Well, it is Trumpian bluster. You know that. Anyone with a brain can see that.
     
  3. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    I assume nothing, especially with this guy.
     
  4. UncleCliffy'sDaddy

    UncleCliffy'sDaddy We're all Bozos on this bus.

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    Then your reasoning would be even more applicable to the Second Amendment, as it is far murkier and open to interpretation than the Fourteenth Amendment. Therefore, “it is not unreasonable to challenge decades of precedent and interpretation without engaging the amendment process.” But just try that (as has happened many, many times) and see the gun owners lose their freaking minds. I think natural born citizenship is much more justifiable than unfettered gun ownership. And I’m stunned that any American with any intelligence and moral integrity would even give a second thought to denying rightful citizenship to anyone born in this country.
     
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  5. oldmangrouch

    oldmangrouch persona non grata

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    Ah yes - territorial jurisdiction v political juridiction. The argument historically used to deny the vote to native Americans.

    If we are going to talk about the history of the amendment it is only fair to consider the history of the argument against it.
     
  6. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    And as you know, that's exactly what has happened with gun legislation. Laws get passed. Then they get challenged. Then they're upheld or overturned. Rinse, repeat. Exactly as would happen with this.

    Perfect example. Well done, sir.
     
  7. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    It means we have to follow U.S. law which is in accordance with international law.
     
  8. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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  9. CupWizier

    CupWizier Well-Known Member

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    was the 2nd amendment ever changed by executive order by the president? If not, then you are comparing apples to oranges.
     
  10. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Again, nobody is talking about changing an amendment with EO, just federal statute. And I have no idea if there have ever been any EO's issued on federal gun legislation.

    Edit: it appears that in 1998, Bill Clinton signed an executive order banning 50 types of semi-automatic weapons. That would be on par with this theorized EO.
     
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  11. CupWizier

    CupWizier Well-Known Member

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    Bottom line, Trump says he is doing it with an executive order. He isn't asking for an interpretation. Even if he asked the supreme court, should his 2 appointed judges recuse themself?

    We also have this on the record.

    https://qz.com/1447349/an-1898-us-supreme-court-case-confirmed-birthright-citizenship/
     
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  12. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Excellent pull--thank you for providing that. It seems based on that breakdown of Wong that the 19th-century justices felt similarly to the judge in the earlier video, that only children of foreign diplomats would be not subject to US jurisdiction if born on US soil. I would not be surprised--if this theorized EO is ever enacted--if that's exactly the reasoning used to strike it down.
     
  13. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    I'm going to disagree. The courts have ruled that we can amend gun rights only so far but you can't amend the Fourteenth Amendment to the Constitution's specific statement about birth rights by executive order. The only way to change that specific wording is to Amend the Constitution. Hence, it ain't gonna happen unless Trump's popularity changes rapidly and dramatically skyward and I'm pretty sure that'll never happen.
     
  14. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    I will say for perhaps the 10th time--this is not a discussion about amending the 14th. This is a discussion about clarifying the language in the federal statute governing citizenship. Yes, the language was taken from the 14th, but the EO would not be affecting the constitution, only the federal statute, which is a different thing entirely.

    Please refrain from conflating the two.
     
  15. CupWizier

    CupWizier Well-Known Member

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    Except that this is the title to this thread

    TRUMP SAYS HE PLANS TO SIGN EXECUTIVE ORDER TO TERMINATE BIRTHRIGHT CITIZENSHIP

    What you want to discuss is different than what the thread was intended for though. Your discussion might be better served in its own thread.
     
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  16. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    I think I addressed that. I added in the part about amending only to clarify how one would have to approach the attempt at clarifying the 14th because it explicitly conflicts with the expressed goal of the attempt to change things by Executive Order.

    I hope this clarifies things.
     
  17. MarAzul

    MarAzul LongShip

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    x
    https://www.14thamendment.us/birthright_citizenship/original_intent.html

    Quote from Natural Law.

    "
    Citizens and natives.

    The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority,
    they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country,
    of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens,
    those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this,
    in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society,
    reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children;
    and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion,
    they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country,
    it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner,
    it will be only the place of his birth, and not his country."
     
  18. MARIS61

    MARIS61 Real American

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    All socialists run under the Dem party, but obviously there are far more Dems than socialists.

    Socialists are mainly found in ultra-poor shithole countries with rampant starvation and political murder sprees.

    As for health insurance certainly nobody is deserving of diverting my hard-earned tax payments to pay for it, since I've been unable to afford health insurance for myself and family for 3 years now.

    Thanks Obamacare!
     
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  19. MARIS61

    MARIS61 Real American

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    It is fully within the AG's power to determine/change the criteria for qualifying asylum claims, and is unchallengable by any court.
     
  20. MarAzul

    MarAzul LongShip

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    Yes, maybe 20 million of us lost our health insurance to that cause.
     
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