Birthright Citizenship Clause
It’s not what you’ve been told, but what’s been accepted.
Just like universal injunctions have been around for 70 years, and now they’re gone, in the law, something persists until it’s challenged. Courts can only hear “controversies,” if no one challenges a ruling, then it just continues on.
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Wong Kim Ark is factually distinct from illegal immigrants because the parties at issue were permanent legal residents, which means the federal government had approved their presence in the country. It logically follows that their child could have citizenship because the government granted permission for his parents to live here permanently, which one could argue, granted jurisdiction over them. The key fact being, the government approved their presence.
Then you have what are called Canons of Construction. There’s a canon against surplusage, which means each word has effect, and there are no superfluous words.
“Subject to the jurisdiction thereof” has to mean something before the child is born, otherwise it’s circular. You look to their parents to determine if they’re subject to the jurisdiction of the United States.
The 14th amendment Framer, Senator Howard, and Chairman of the Senate Judiciary Committee, Senator Trumble, both said it meant “complete jurisdiction” or “political jurisdiction” in that the parents must be able to vote. Because only citizens can vote, you can see where this is going…
The first case to test and actually explain the citizenship clause was Elk v US, where an Native American said he was born in the boundaries of the U.S. and therefore should be a citizen, but the court found he was a member of another nation (a tribe), so he was NOT a citizen. Hence why Congress later passed the Indian Citizenship Act.
In conclusion, birthright citizenship only exists insofar as Wong Kim Ark is current law, because you don’t get that from the text of the 14th Amendment.
@SynthSatori@ButtSmokey@ArthurQuant@jaderants The only sex born with a penis is typical to males / men, and that’s encoded in DNA.
Therefore an individual born with a penis, is a male / man, and since it’s at the level where the body replicates itself with the male blueprint, forever a male.
Let me be clear what the assumption was, that the individual portraying themselves to be a woman ACTUALLY was a member of the class.
The class attributes being: XX chromosomes and phenotypes, female reproductive organs, etc.
Just because this person masqueraded the external and OBVIOUS characteristics, doesn’t mean that they weren’t perpetuating a fraud on the man by claiming to be a woman.
Trans woman = man.
@SynthSatori@ButtSmokey@ArthurQuant@jaderants I don’t know what the excuse for this “argument” is but it’s trash.
When a man finds a woman attractive, he assumes based on biology that she is physiologically, like other women.
I say women because I’m not even gonna grant you the redefining gender as a social construct.
@juju_marie1 First, I believe she is corrupt.
Second, even her statement of “fairness” isn’t some fact to provide context, but a rebuttal to the insult.
She can’t even do her job right.
The opinion directly addresses the poor inferences made by the district court (DC) to reach “race based map” vice partisan. The DC reached for racial basis instead of partisan because partisan wasn’t mentioned in the legislature, but neither was race.
The DC told Alabama to make another race based district (unconstitutional per Callais), so their judgment needed to follow the decision before reasserting the same conclusions and remedy.
@Vibutler_@GarrettGravley Nonsense, we review dissents because sometimes they become the majority view in time.
Thomas literally came out on top with the affirmative action and universal injunctions, and he’s more than likely correct re substantive due process.
This guy has posted the appeal he lost in his bio. Apparently he’s already eaten the Ai apple and filed approximately 100 motions and the court considered sanctions. He then appealed to SCOTUS and was denied, but acts like he did something.
Basically his opinion of how useless attorney are is biased, and he doesn’t hold the requisite knowledge to gauge the skills of attorneys.
@BradMiller1010@bleedrwbdrew You like to talk about the law, how was ordering the troops to take another, among many, shots “treasonous?”
There’s evidence supporting inoculations from the founding era, so why was that one different?