S.C. believed to lack 5 votes to affirm non-conditional, U.S. birthright citizenship

Is it going to be retroactive? Imagine the hige mess that will be.

This :point_up:

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I am a big advocate of grandfathering in cases that existed before a law changed.

So if I were in charge, my answer to your question would be NO.

So many of the changes this administration is implementing, including a lot of things I agree with, are simply going to be rolled back on day one when a Democrat wins the White House. But with Congress and the country this divided I’m not sure what the solution is. A government that drastically changes policy every four or eight years doesn’t seem ideal. I’m back to thinking we’d be better off with a benevolent dictatorship. (Keyword = benevolent.)

Referencing “strict constructionist / clear meaning contextualists” is meaningless. Under our system of law we are to follow fundamental rules which govern constitutional construction, the most fundamental rule being expressed as follows:

“The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers”.— numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.

In fact, what makes a Supreme Court opinion legitimate and in harmony with our system of law is when its opinion is in harmony with the text of our Constitution, and its documented legislative intent, which gives context to its text.

Our Supreme Court emphatically stated:

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

and you have magical tea leaves about the meaning of the 14th amendment?

Could the US ever draft an alien? Could an alien be guilty of treason? Would an alien ever be asked to,sware an oath of allegiance to the US?

I’m not suggesting what the courts opinion will be. Just responding to the question.

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Not only will policy change, but the very agency decision makers are replaced as much as possible. Trump didn’t do that in his first term and paid dearly for it. Biden did it and Trump did it in his second term. Government appointees are no longer sought just as competent technicians, they are sought as allies.

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What exactly do you mean by that snarky, adolescent question?

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We are here talking about being under the jurisdiction of the United States within the meaning of the 14th Amendment’s Section 1.

I mean you have some magical tea leaves that allow you to divine intent.

Ex post facto.

Article 1, Section 9, clause 3.

Yes.
Yes.
Yes.

You expect this administration to read latin, sir? :joy:

I’d be happy if this administration could read the preamble, sir.

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Ya know I hope the current interpretation stands. I think jus soli citizenship is a useful tool for helping to assimilate people and giving them skin in the game and something to work towards. But John I got to say I’m impressed by your passion on this subject, even if I disagree with it vehemently.

Why are you asking me that adolescent question?

Hahahhahaha…, No.

An alien might be guilty of espionage, not of treason.

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What current “interpretation” are you talking about which grants U.S. citizenship to the offspring of illegal entrant foreign nationals born on American soil?

Yes. I think it fits our national culture and how the new world evolved. Most new world countries are like that. Jus soli citizenship.