S.C. to review Trump’s birthright citizenship order. let us follow the rules

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See: Supreme Court agrees to hear challenge to Trump’s birthright citizenship order.

“In an order released Friday afternoon, the justices said they would take up for review Trump v. Barbara, a case originally brought in a federal court in New Hampshire by a group of people whose children could be affected by the order. The Justice Department filed petitions to the high court to hear the Barbara case and Trump v. Washington, a challenge brought by Democrat-led states, in September, arguing the justices should rule on the legality of the order.”

Well, since our Supreme Court has apparently decided to take up the meaning of Section 1 of the Fourteenth Amendment, as it relates to bestowing United States citizenship, let us all keep in mind the rules for doing so, as stated by our very own Supreme Court:

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)

This very procedure was also summarized in a United States Senate Report as follows:

“In construing the Constitution we are compelled to give it such interpretation as will secure the result intended to be accomplished by those who framed it and the people who adopted it…A construction which would give the phrase…a meaning differing from the sense in which it was understood and employed by the people when they adopted the Constitution, would be as unconstitutional as a departure from the plain and express language of the Constitution.”
__ Senate Report No. 21, 42nd Cong. 2d Session 2 (1872), reprinted in Alfred Avins, The Reconstruction Amendments’ Debates 571 (1967),

Finally, let me personally point out a self-evident truth: Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records ___ its framing and ratification debates which give context to its text ___ wish to remove the anchor and rudder of our constitutional system so they may then be free to apply the Humpty Dumpty theory of language to our Constitution:

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean- neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master-that’s all.”

Section 1 of the Fourteenth Amendment states:

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, exactly what did the Framers of the Fourteenth Amendment, and those who ratified it, mean by its carefully stated wording, “. . . and subject to the jurisdiction thereof . . .”? An excellent source, with a wealth of documentation on this very subject is SUBJECT TO THE [COMPLETE] JURISDICTION THEREOF: SALVAGING THE ORIGINAL MEANING OF THE CITIZENSHIP CLAUSE Texas Review of Law & Politics, by AMY SWEARER

JWK

“The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void.” ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

Trump’s proposed executive order on birthright citizenship is 100% constitutional

Section 1. Purpose. The privilege of United States citizenship is a priceless and profound gift. The Fourteenth Amendment states: “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.” That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.

But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

(c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

Sec. 3. Enforcement. (a) The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.

(b) The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.

Sec. 4. Definitions. As used in this order:

(a) “Mother” means the immediate female biological progenitor.

(b) “Father” means the immediate male biological progenitor.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.

This new “policy” would be 100% within the four walls of our Constitution

Why Trump’s birthright citizenship Executive Order is constitutional​. Elections have consequences!

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Under the 14th Amendment’s, Section 5, Congress has exclusive power to enforce its provisions by “appropriate legislation” and did so under the Indian Citizenship Act of 1924. As we speak, there is no S.C. Case, or Act of Congress by which citizenship is recognized for the offspring of illegal entrant foreign nationals born while on American soil. Doing so is mere unwritten federal policy.

Under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden with his disastrous and destructive open border policy.

This policy making authority of our President, is a hallmark of our Republican Form of Government, which also provides for elections in order to accommodate change of existing public policy, as determined by the people through elections.

Since our Constitution does not grant citizenship to the offspring of illegal entrant foreign nationals born while on American soil, nor has Congress acted to grant such citizenship, or does a Supreme Court case exist in which this question was explicitly presented to our Supreme Court for consideration and affirmed such citizenship, and that mere federal policy has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States, President Trump is free to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.

Our S.C. does not have to get involved, nor should it! It should only confirm, elections have consequences, and our President has power to change existing public policy.

Elections have consequences!

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story

I hope the SCOTUS supports Trump on this.

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For everyone or just illegal immigrants?

^^^^^^^^^^^^^

Ah ok so the president gets to rewrite the constitution. Cool beans.

Permanent resident who have kids here - no longer citizens

Thanks for the admission

This provision was ratified in 1868 to ensure citizenship for all individuals born on U.S. soil, regardless of their parents’ immigration status.

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As part of the United States constitution. Ratified not decided by a president

By the way i never realized that the executive order only addresses illegal immigrants and limited time visas

…and now it goes to the SCOTUS.

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The executive order is going to the scotus and by the way the order doesn’t actually effect everyone

I didn’t realize that but anyway it only affects visa holders and illegal immigrants.

He can start the process of amending the constitution if the Supreme Court refuses to agree with Stephen Miller

They should have put in a provision that they (the parent) had to be here more than 5 minutes before having a baby for it to be considered a “Citizen”.

It needs a new ratification for sure.

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Let’s say SCOTUS agrees with Trump.
Will it/should it be applied retroactively to citizens already here?

Good question that I’d guess the SCOTUS would answer in their decision.

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I agree. In the meantime I’m wondering if anyone here has an opinion on that issue.

:+1:
Current birthright citizenship for the offspring of illegal entrant foreign nationals is mere public policy.

Elections do have consequences and part of those consequences are, a newly elected president gets to change existing public policy as mentioned HERE, and with respect to the offspring of illegal entrant foreign nationals being recognized as citizens of the United States.

JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story

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Already answered HERE

Trump’s proposed executive order on birthright citizenship is 100% constitutional

Not true!

". . . and subject to the jurisdiction thereof . . . "

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It is? What does it say about that?

we will next june that the POTUS EO isnt worth he paper it is printed on.

easy case for SCOTUS.

Allan