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14th (Read 97 times)
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Re: 14th
Reply #15 - 01/27/25 at 06:31:28
 
Eegore wrote on 01/26/25 at 18:19:45:
I would think so

I live in Colorado if I visit Utah, I am subject to their laws
same if I visit another country



 That's where the courts, all of them, utilize the logic that a human "under the jurisdiction of" is governed by the laws of the US.  So the 14th applies to any human that is subject to US law.  


This is not necessarily true. Historically, “under the jurisdiction thereof” meant you did not have allegiance to another country. The 1968 case that changed all this had a far different set of circumstances than illegals sneaking across the border and then giving birth. The fact that we can deport people back to their home country and those countries accept them is evidence and proof that they are subject to the jurisdiction of that country. therefore, it seems logical if they were subject to Mexico, Colombia Venezuela, whatever, and they snuck across the border and gave birth that does not mean the child is subject to the jurisdiction of the United States.

It’s likely this will get reversed and returned to common sense when it reaches the Supreme Court.
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Re: 14th
Reply #16 - 01/27/25 at 06:34:03
 
thumperclone wrote on 01/26/25 at 17:23:09:
I would think so

I live in Colorado if I visit Utah, I am subject to their laws
same if I visit another country


When you visit another country, you are subject to their laws, but you are not subject to their jurisdiction, meaning you are not some kind of temporary citizen that country.
When you travel from state to state, you are subject to the laws within that state, but, regardless, you are still a citizen of the United States regardless, what state you’re in.
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Re: 14th
Reply #17 - 01/27/25 at 08:44:16
 

therefore, it seems logical if they were subject to Mexico, Colombia Venezuela, whatever, and they snuck across the border and gave birth that does not mean the child is subject to the jurisdiction of the United States.


 Right but the 14th specifically says "All persons born" as in it applies to the child, not the parent.  The Supreme Court has ruled multiple times that "All persons born" means children born in the US even to immigrant parents, 1898 United States v. Wong Kim Ark for instance.

 With jus soli and jus sanguinis having precedent it might be a hard battle.  An example is if a foreign military ship is at port in the US - and a human gives birth on that ship, since it is not under US Jurisdiction, that infant is not a US Citizen.  

 We also can not enforce immigration laws on humans on that ship, or serving under it.  We can however enforce immigration laws on illegal, and legal immigrants, because we do have jurisdiction over them.  So if they have a child on US soil, that kid qualifies as "All persons born".

 What's crazy to me is that people actually think the POTUS can just make executive orders changing the Constitution.  Or Congress even.
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OK.... so what's the
speed of dark?

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Re: 14th
Reply #18 - 01/27/25 at 09:43:16
 
All this is moot, being that the number is statistically inconsequential
It hurts some individuals but means nothing
So why do it?

I would call that racist
In that it's only purpose is to hurt mostly brown skinned people to no practical avail

JMHO
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Ludicrous Speed !... ... Huh...
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Re: 14th
Reply #19 - 01/27/25 at 16:07:19
 
Serowbot wrote on 01/27/25 at 09:43:16:
I would call that racist
In that it's only purpose is to hurt mostly brown skinned people to no practical avail

JMHO


Oh FFS….I don’t think you would know racism if it hit you on the head. And let’s face, had Puddinhead came up with this, you’d have thought it was a great idea.

What’s racist about it? Explain that.
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Re: 14th
Reply #20 - 01/27/25 at 16:13:28
 
This is simple. If neither parent are citizens of the US, then a child born on US soil is not automatically a US citizen.

Sure, there will be weird circumstances that would require special rulings but someone in the country illegally who purposely evaded procedures to enter the country legally and who gives birth, cannot claim citizenship for the child. Start there.
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