I’m pretty sure birthright citizenship is settled law.
It’s only “settled” until the next time the SCOTUS takes a case and rules on it.
Plessy v Ferguson was settled law for 58 years.
Anarchists and libertarians use the Humpty Dumpty Theory of Language to interpret the 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."
JWK
It’s not democrats who are destroying the country, stupid. It’s the Democrat Party Leadership that is destroying the Country by trying to overturn an election with a witch-hunt, falsely called an impeachment.
Libertarians do have their own private vocabulary—I’ve castigated them before for this—but they believe that their definitions are the common ones. So it is still disingenuous to say Napolitano believes that he is misinterpreting the constitution.
Well, if that is so, then he never took constitutional construction 101 in which you learn one is not free to make the constitution mean whatever one chooses it to mean. For example, Napolitano, to this very day, ignores “and subject to the jurisdiction thereof” when lying that the 14th Amendment was intended to grant citizenship to a child born to an illegal entrant while on American soil.
Instead of following the rules of constitutional construction Napolitano uses the Humpty Dumpty Theory of Language being applied 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."
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from the 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 “interpret” the Constitution to mean whatever they wish it to mean.
Yeah, but you also think AOC is ok with cannibalism so…grain o’ salt.
Judge “Naples Man” like every other judicial type interprets the written laws as they see them. Rulings establish precedents and everything is subject to argument. Hell, even the judges get to decide if your argument over points even have any merit because the judge feels his interpretation contradicts the point you’re trying to establish!
But if Fairfax County VA does have a written (sanctuary) law preventing LEO’s from interacting with federal (ICE) personnel, the judge may have a point. Remember, don’t like a law, change it.
Well, there you go. You are “pretty sure”.
Now, the fact is, our Supreme Court has never, NEVER, ruled upon the assertion that a child born to an illegal entrant, while on American soil, becomes a United States Citizen upon birth under the 14th Amendment.
JWK
It’s not a “Deep State”. It’s a subversive “Shadow Government” which began to entrench itself during Ronald Reagan’s presidency. Its mission being, to advance GLOBALIST and socialist policies, and obstruct attempts to roll back such policies.
Since when should the opinion of the radical, agenda-filled, legislating from the bench court decide law? No one wants judicial fiat.
Birth of a birthright: meet Wong Kim Ark, the Chinese-American whose Supreme Court case changed the country. Birth of a birthright: meet Wong Kim Ark, the Chinese-American whose Supreme Court case changed the country | South China Morning Post
Not very different from what is going on today.
See: City of New York v. United States, 179 F.3d 29 (2d Cir. 1999)
”We therefore hold that states do not retain under the Tenth Amendment an untrammeled right to forbid all voluntary cooperation by state or local officials with particular federal programs.”
Did you see that word “voluntary”? Also remember the police officer took an oath to uphold the federal constitution and its supremacy clause. So, what does federal law require regarding the issue at hand?
see 8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entitiesNotwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1)
Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2)
Maintaining such information.
(3)
Exchanging such information with any other Federal, State, or local government entity.
[c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
The bottom line is, local government officials are violating the law when they prohibit local police officers from voluntarily cooperating with ICE.
JWK
When it comes to healthcare, our democrat candidates running for office have no moral compass whatsoever. They refuse to make the distinction between CHARITABLE GIVING and tax tyranny to support the needy.
You apparently never read Wong Kim Ark.
The Wong Kim Ark anchor baby myth
Here we go again with the pinko Wong Kim Ark clap trap nonsense which has absolutely nothing to do with answering the question of “birth right citizenship” being bestowed, by virtue of the 14th Amendment, upon a child born on American soil to a foreigner who has entered our country illegally.
In case you missed it, the question before the Court in Wong was:
“A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution”
Those circumstances have absolutely nothing to do with the allegation of citizenship being bestowed upon a child born to an alien who has entered our country illegally and given birth.
Wong is not applicable!
“It is a maxim not to be disregarded that general expressions in every opinion are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.”___ Chief Justice Marshal, Cohens v. Virginia, 19 U.S. 6 Wheat. 264 264 (1821)
Now, behold my friend, here are the factors involved which led to the court’s opinion in Wong:
(1)Wong Kim Ark’s parents were in our country legally;
(2) had been settled in American for quite some time;
(3) the parents had a permanent domicile and residence in the United States;
(4) they were carrying on a lawful business;
(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.
After the above facts were established by the Court, Justice Gray then stated with regard to Wong Kim Ark’s question of citizenship :
For the reasons above stated, the court was of the opinion that the question must be answered in the affirmative.
The fact is, our Supreme Court has never addressed the question of citizenship being bestowed upon a child born to an alien who has entered our country illegally and given birth.
JWK
It’s not democrats who are destroying the country, stupid. It’s the Democrat Party Leadership that is destroying the Country by trying to overturn an election with a witch-hunt, falsely called an impeachment.
So why do you think reinterpretation of the 14th by SCOTUS hasn’t occurred in more than 100 years?
You may be surprised to learn that I think birthright citizenship has gotten way out of hand, and I am not in favor of it- it has served it’s purpose. Birthright tourism is a huge business-let’s start there. It should be completely illegal.
Absolutely not, Solomentseva said from the marble-laden lobby of one of the Trump Towers in Sunny Isles Beach, where she’d rented a 39th-floor unit for a few months. “I wanted to give birth in the place that has the best medical service and is comfortable and relaxing,” she said, as her husband, who owns a business in Russia, looked after the baby upstairs.
https://www.bloomberg.com/news/features/2018-12-16/there-s-no-stopping-the-russian-baby-boom-in-miami
LOL.
What does all that nonsense have to do with The Wong Kim Ark anchor baby myth?
What does all that nonsense have to do with the fact that our Supreme Court has never addressed the question of citizenship being bestowed upon a child born to an alien who has entered our country illegally and given birth?
JWK
Elizabeth Warren’s Government sponsored capitalism is about fattening the fortunes of those holding political power with tax revenue, while regulating a free market, free enterprise system into submission, and then into extinction.
And why have they never addressed it?
The other stuff is just a little irony. And should it really matter if they entered the country legally or illegally? The birthright tourists all have passports and visas- but come here for the specific reason of having kids in the US. They fly in 8 months pregnant.
Things are not so rosy at Fox these days.
It’s irrelevant why the Supreme Court has never addressed whether or not a child born to an illegal entrant while on America soil is granted citizenship under the 14th Amendment.
What is relevant is the myth that the Wong Kim Ark case settled the question about birth right citizenship.
JWK
. They are not whistleblowers. They are shadow government operatives who are working to take down a president who refuses to cave into domestic communists, socialists, and international GLOBALISTS who have been plundering America’s wealth for the past two generations.
