When the Trump administration asks the Supreme Court on Thursday to allow it to deny birthright citizenship to the children of undocumented immigrants and visa holders, its legal theory will rest on a reinterpretation of a critical phrase of the Constitution. But when you plug their preferred meaning back into the historical context in which the Constitution’s Citizenship Clause was enacted, the results are nonsensical. In other words, the crux of the government’s argument simply makes no sense.

The first sentence of the 14th Amendment, passed by Congress a year after the Civil War, is the Citizenship Clause: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” When President Donald Trump signed an executive order on the first day of his administration that would deny birthright citizenship to the children of undocumented immigrants and visa holders, he premised it on the idea that undocumented immigrants and visa holders are not “subject to the jurisdiction” of the United States. This is the phrase the government is asking the courts to reinterpret into a fictional absurdity.

  • HubertManne@piefed.social
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    2 days ago

    I hate when they only list the part with what he is arguing. The whole thing is:

    “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    Notice the use of person over citizen at the end and further jurisdiction means “The authority that an official organization has to make legal decisions about somebody or something.” So his argument is that the us cannot enforce anything on some people which sorta makes them super citizens. Heck better than diplomatic immunity. I mean you all have seen the trope of the criminal crossing a border and the law enforcement saying. I would like to stop him but its not my jurisdiction. He is arguing super immunity for folks.

    Lastly man googles gemini. Besides the gulf of you country here idiocy I got this from it initially:

    "plaease give me the section of the constitution on citizenship

    I’m not programmed to assist with that."

    When challenged it gave the information but its obvious to me that google is bending over backwards to suck the administrations cock. Of course they want their cake and to eat it to so it caves when challenged.