Sure. We could call it "Victory over the Constitution" Day.
Trump's Policies Part 4
- Thread starter CrimsonJazz
- Start date
Not sure this merits a separate thread, but since it is a Trump policy, we can discuss this here.
An Amicus Curiae brief on the history of birthright citizenship. It turns out a woman positioning her birth canal over US territory when she drops the kid might not confer US citizenship on the baby.
The British doctrine before the Revolution was birthright citizenship. The subject of the Crown cannot swear off that allegiance (the bief called this "the feudal doctrine of perpetual subjectship imposed by location of birth."). The American Republic was founded on the opposite principle: "mutual consent and allegiance."
The Civil Rights Act of 1866 (designed to guarantee citizenship to freedmen) opened with this phrase: “That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States." (THere was a lot of discussion of the status of Indians, since they had allegiance to their tribe, with whom the US had treaties. Indians received a blanket US citizenship in 1924.
The XIV Amendment was intended to "constitutionalize" the Civil Rights Act of 1866 (to remove any constitutional objections and veto).
Sen. Lyman Trumbull, the Act’s sponsor, explained that the clause referred to those who owed allegiance solely to the United States. Sen. John Bingham (drafter of the XIV Amendment) said, “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is ... a natural-born citizen.” Congressional Globe, 39th Cong., 1st Sess. 1291.
An illegal alien, who still owes allegiance to a foreign power, cannot confer US citizenship on his/her progeny merely by "accident of birth."
Interesting discussion.
Since the Constitution means whatever a federal judge says it does regardless of what the text actually says, I have no idea how the Supreme Court will rule in this issue.
An Amicus Curiae brief on the history of birthright citizenship. It turns out a woman positioning her birth canal over US territory when she drops the kid might not confer US citizenship on the baby.
The British doctrine before the Revolution was birthright citizenship. The subject of the Crown cannot swear off that allegiance (the bief called this "the feudal doctrine of perpetual subjectship imposed by location of birth."). The American Republic was founded on the opposite principle: "mutual consent and allegiance."
The Civil Rights Act of 1866 (designed to guarantee citizenship to freedmen) opened with this phrase: “That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States." (THere was a lot of discussion of the status of Indians, since they had allegiance to their tribe, with whom the US had treaties. Indians received a blanket US citizenship in 1924.
The XIV Amendment was intended to "constitutionalize" the Civil Rights Act of 1866 (to remove any constitutional objections and veto).
Sen. Lyman Trumbull, the Act’s sponsor, explained that the clause referred to those who owed allegiance solely to the United States. Sen. John Bingham (drafter of the XIV Amendment) said, “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is ... a natural-born citizen.” Congressional Globe, 39th Cong., 1st Sess. 1291.
An illegal alien, who still owes allegiance to a foreign power, cannot confer US citizenship on his/her progeny merely by "accident of birth."
Interesting discussion.
Since the Constitution means whatever a federal judge says it does regardless of what the text actually says, I have no idea how the Supreme Court will rule in this issue.
Yes, it's really his post (reposted by the official White House account).
I'm so happy that all of our issues have been fixed so Trump can focus on posting about holidays and silly Ai images.
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