Birthright Citizenship - Thoughts?

3,020 Views | 81 Replies | Last: 7 days ago by movielover
BearGoggles
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Dem Election Deniers said:

BearGoggles said:

sycasey said:

wc22 said:

sycasey said:

wc22 said:

Completely factually wrong, both of you. Really incredible how some people's brains "work".
You have every opportunity to explain yourself here, bud.
American Indians not getting citizenship had nothing to do with reservations -- born on or outside of reservations their citizenship was uncertain and it could be determined by military commanders on a whim. An Act of Congress, which can't override the US Constitution, did grant them citizenship. This actually supports Trump's position, not yours: the US Government decides who is under its jurisdiction. You created a false circumstance, either intentionally or unintentionally, to try to hide this blatant contradiction in your logic.

American Samoans currently not getting birth citizenship does have to do with geography. But here, again, an act of Congress defined the terms. The US Government defined who was under its jurisdiction in relation to the 14th Ammendment.

The ahistorical rhetoric Dems use in this debate is offensive and frankly immoral. At this point it is clear that you are a bad actor, you don't care about what happened in the past to indgenous groups or what is currently happening, and only want to support a narrative you know is false. Have a nice day.
Well again, American Indians were under a questionable legal status (reservations or not) as part of their own "sovereign nations" and also within the United States. Hence needing Congress to resolve it. I'm not sure of the history of American Samoa, but I suspect it's similar.

Again, to me that seems quite different from people born in US states now who are not members of indigenous tribes (and it also seems to me that this has been litigated quite extensively over the years and that birthright citizenship has been continually affirmed), but okay. Thanks for the accusations.
There was not much questionable about it. At the time of enactment, no one thought the 14th amendment granted citizenship or birthright citizenship to Native Americans. They were considered a separate sovereign - the US Constitution (Article I) refers to Indian tribes as sovereign. https://en.wikipedia.org/wiki/Tribal_sovereignty_in_the_United_States

This was confirmed both in practice and by the Supreme Court in subsequent cases prior to the Civil War. For example, Worcester v. Georgia 1832).

Post civil war, the supreme court reaffirmed this in Elk vs. Wilkins (1884). That was eventually changed when Congress enacted the Indian Citizenship Actin 1924 . There's a notable quote from the Elk case.

"But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law."

How might that apply to an illegal immigrant who crosses the border illegally and/or overstays their visa?
The notion that European immigrants had some right to grant or deny citizenship to the indigenous people of the land they were living on is ****ing hilarious.
Not just hilarious, but the story of human existence. To the victor goes the spoils. Before the Europeans arrived, the Native Americans fought among themselves and conquered land.

And in terms of 1776-1789 when the colonies became independent and the Constitution was adopted, the Native American had no desire to be citizens in the what became the USA.
sycasey
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BearGoggles said:


"But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law."

How might that apply to an illegal immigrant who crosses the border illegally and/or overstays their visa?
I don't think anyone questions that someone who was born elsewhere and crosses the border into the US needs to be naturalized in order to be a citizen. Birthright citizenship is something else.
Zippergate
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sycasey said:

BearGoggles said:


"But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law."

How might that apply to an illegal immigrant who crosses the border illegally and/or overstays their visa?
I don't think anyone questions that someone who was born elsewhere and crosses the border into the US needs to be naturalized in order to be a citizen. Birthright citizenship is something else.
Is this a serious take? The illegals are a lot smarter than the progressive left.
BearGoggles
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sycasey said:

BearGoggles said:


"But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law."

How might that apply to an illegal immigrant who crosses the border illegally and/or overstays their visa?
I don't think anyone questions that someone who was born elsewhere and crosses the border into the US needs to be naturalized in order to be a citizen. Birthright citizenship is something else.
The quote is speaking to what is required to satisfy the "subject to jurisdiction" requirement. If the parent is not "subject to the jurisdiction" (i.e., a Native American pre-1924, diplomat, etc."), then their children are not birthright citizens.

Most (if not all) Illegal immigrants have not formally renounced their allegiance to their country of origin and, in any event, such renunciation (if any) has not been accepted by the US. As such, an illegal immigrant is not "subject to the jurisdiction" per the language quoted above, then the argument follows that their children are not entitled to birthright citizenship.

sycasey
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BearGoggles said:

sycasey said:

BearGoggles said:


"But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law."

How might that apply to an illegal immigrant who crosses the border illegally and/or overstays their visa?
I don't think anyone questions that someone who was born elsewhere and crosses the border into the US needs to be naturalized in order to be a citizen. Birthright citizenship is something else.
The quote is speaking to what is required to satisfy the "subject to jurisdiction" requirement. If the parent is not "subject to the jurisdiction" (i.e., a Native American pre-1924, diplomat, etc."), then their children are not birthright citizens.

Most (if not all) Illegal immigrants have not formally renounced their allegiance to their country of origin and, in any event, such renunciation (if any) has not been accepted by the US. As such, an illegal immigrant is not "subject to the jurisdiction" per the language quoted above, then the argument follows that their children are not entitled to birthright citizenship.
That's not what the quote says though? It says "become a citizen." That's different from "subject to the jurisdiction."
movielover
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It's insanity to think 8-month pregnant women can fly in, stay in a hotel, birth a child, and that child is a citizen. Then that birth allows the child to bring in how many family members?
wc22
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Normal people that cared about these immigrant children would be outraged that Dems have been lying about the issue to avoid passing laws protecting these immigrant children. We have true believers here. The plan has always been to lose at the Supreme Court then use the issue for fundraising and get-out-the-vote drives like the Dems did with abortion. Remember when Obama promised to protect aborition at the Federal level, was given both houses, and then didn't? Same deal. Corrupt politicians and idiots who enable them.
sycasey
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movielover said:

It's insanity to think 8-month pregnant women can fly in, stay in a hotel, birth a child, and that child is a citizen. Then that birth allows the child to bring in how many family members?
Time to work on a new Constitutional amendment, I guess!

While we're at it, can we do something about the 2nd Amendment?
bearister
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….and expand the 25th Amendment so it is easier to execute.
Cancel my subscription to the Resurrection
Send my credentials to the House of Detention
I got some friends inside
BearGoggles
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bearister said:

….and expand the 25th Amendment so it is easier to execute.
Weird you didn't have anything to day about invoking the 25th Amendment during the Weekend at Bidens presidency. I guess even you realize how awful Kamala is.
Eastern Oregon Bear
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bearister said:

….and expand the 25th Amendment so it is easier to execute.
Hey, if a president is disabled or no longer up to the job, I'm all in favor of removing them from office. However, in most cases, I'm against executing them.
movielover
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Eastern Oregon Bear said:

bearister said:

….and expand the 25th Amendment so it is easier to execute.
Hey, if a president is disabled or no longer up to the job, I'm all in favor of removing them from office. However, in most cases, I'm against executing them.


Can we investigate who signed Biden's plethora of pardons? Can a spouse approve pardons?
 
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