birthright citizenship?

Started by Dave, December 13, 2017, 08:10:27 AM

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Individual

Quote from: ConservativeInCT on October 29, 2018, 07:40:14 AM
I have no problem with the migration of immigrants... when done right. A lot of the migrants coming in are hoping to get on welfare services and not work. If you come to the US to work or educate yourself and you are willing to instill the same ethic and work mentality as every other American trying to make a living then I have absolutely no problem with it. However, you can not just cross the border and expect to be given asylum. We need to know who is coming into the country and what their intentions are. Otherwise, there is just a huge influx of people who we don't know about coming here for god knows what.
That's another issue, and somewhat more complex that we should focus some attention on, and could probably be handled without a Constitutional amendment.

Individual

I saw today that Trump has claimed he will sign an executive order banning birthright citizenship, so if he does I expect it will be fought in the courts, up to and including the Supreme Court.

Solar

Quote from: Individual on October 30, 2018, 06:07:14 AM
I saw today that Trump has claimed he will sign an executive order banning birthright citizenship, so if he does I expect it will be fought in the courts, up to and including the Supreme Court.
Fifty years too late, but I'll take it. Thank you Trump!
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supsalemgr

I agree this is a good idea. There is no sane reason a person be given citizenship unless at least one of the parents is a US citizen. My preference would be by legislation, not an EO as that can be too easily reversed.
"If you can't run with the big dawgs, stay on the porch!"

tac

Quote from: supsalemgr on October 30, 2018, 08:04:20 AM
I agree this is a good idea. There is no sane reason a person be given citizenship unless at least one of the parents is a US citizen. My preference would be by legislation, not an EO as that can be too easily reversed.

Maybe Trump can get the legislation passed during his next term!

supsalemgr

Quote from: tac on October 30, 2018, 08:29:53 AM
Maybe Trump can get the legislation passed during his next term!

It will be a challenge even if the GOP maintains a majority as this would 60 votes in the senate.
"If you can't run with the big dawgs, stay on the porch!"

Individual

Quote from: supsalemgr on October 30, 2018, 08:04:20 AM
I agree this is a good idea. There is no sane reason a person be given citizenship unless at least one of the parents is a US citizen. My preference would be by legislation, not an EO as that can be too easily reversed.
This is something that should have been done in the early 20th century, when quotas were placed on immigration.
I maintain that this really needs to be done by amending our Constitution, as bot an Executive Order or act of Congress could easily be deemed unconstitutional by a Federal judge and/or the Supreme Court due to the wording of the 14th amendment, "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." Note that the 14th amendment was ratified in 1868 and the "Emergency Quota Act" was found necessary and passed in 1921. Hoover did, in 1932, pretty much shut down immigration due to the depression, and I think Trump might find that to be something he could do without violating the Constitution. In addition, it should be necessary for all Nations to be required to grant citizenship of births to their citizens who give birth outside their borders to assure a child has citizenship somewhere. My daughter was born in Asia, and my wife not a citizen of the country in which we live resulted in my daughter having a birth certificate  stating clearly that she is not a citizen where she was born.
Our immigration laws need to be modernized, clearly and concisely worded, and diligently enforced. First step is to get representatives in both Houses of Congress who are willing to make the needed changes to both laws and our Constitution which requires two thirds in both Houses for amendments and three fourths of the States to ratify.
Isn't it about time that we, the people, begin to make our representatives more subservient to those of us who provide them a living.
If we really want to start fixing our government, I would hope to see an amendment which would also repeal both the 16th and 17th amendments at the same time.

Dave

Quote from: Individual on October 30, 2018, 09:51:17 AM
This is something that should have been done in the early 20th century, when quotas were placed on immigration.
I maintain that this really needs to be done by amending our Constitution, as bot an Executive Order or act of Congress could easily be deemed unconstitutional by a Federal judge and/or the Supreme Court due to the wording of the 14th amendment, "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." Note that the 14th amendment was ratified in 1868 and the "Emergency Quota Act" was found necessary and passed in 1921. Hoover did, in 1932, pretty much shut down immigration due to the depression, and I think Trump might find that to be something he could do without violating the Constitution. In addition, it should be necessary for all Nations to be required to grant citizenship of births to their citizens who give birth outside their borders to assure a child has citizenship somewhere. My daughter was born in Asia, and my wife not a citizen of the country in which we live resulted in my daughter having a birth certificate  stating clearly that she is not a citizen where she was born.
Our immigration laws need to be modernized, clearly and concisely worded, and diligently enforced. First step is to get representatives in both Houses of Congress who are willing to make the needed changes to both laws and our Constitution which requires two thirds in both Houses for amendments and three fourths of the States to ratify.
Isn't it about time that we, the people, begin to make our representatives more subservient to those of us who provide them a living.
If we really want to start fixing our government, I would hope to see an amendment which would also repeal both the 16th and 17th amendments at the same time.
An historical note:

The anchor baby scam was invented 40 years ago by a liberal zealot, Justice William Brennan, who slipped a footnote into a 1982 Supreme Court opinion announcing that the kids born to illegals on U.S. soil are citizens.  Justice Brennan in his 5-4 opinion in Plyler v. Doe, asserting that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful."

In 2003, Judge Richard Posner of the 7th circuit wrote a concurrence simply in order to demand that Congress pass a law to stop "awarding citizenship to everyone born in the United States."
The purpose of the 14th Amendment, he said, was "to grant citizenship to the recently freed slaves," adding that "Congress would not be flouting the Constitution" if it passed a law "to put an end to the nonsense.