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Reply to "Why is there so much opposition to ending birthright citizenship?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Unlike mass deportation, I doubt this will come to be because it actually requires a constitutional amendment. But if it were to go through, it would apply only after a certain date. [/quote] This is a really hare-brained idea. Not even the crazed GOP is going to try to amend the constitution. It can only happen if SCOTUS just does away with the 14th amendment. I’m sure there’s some originalist argument there. And who knows, maybe dispense with everything but the bill of rights. Could be useful. Take away voting rights from women and blacks, dispense with term limits. [/quote] Actually you do not need to change the 14th amendment. It is not a blanket birthright citizenship claim there. It carves out some cases where it does not apply! Here it is. Section 1. 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. The important part is “jurisdiction thereof” This was written in to ex life citizenship for people in this country who are under the “jurisdiction” of their home countries. This included children of diplomats who are serving a foreign country, their kids do not get citizenship. Thai was also written to include children of for example of enemy soldiers in this country who have kids here, as they are under the jurisdiction of a foreign govt. So no changes need to be made to the 14th amendment. All that needs to be done is get a legal case to the Supreme Court. Then they can interprete illegal aliens as not under the jurisdiction of the United States, and are under the jurisdiction of their home countries. This no birthright citizenship. Example is a Mexican National crosses the border in Texas, had a kid in Texas, then goes back to Mexico. They would still be legally Mexican citizens and under the jurisdiction of Mexico. Hence their kids would not be US citizens. [/quote] Oh, hi there, Heritage Foundation shill! Your argument is stupid and doesn't work.[/quote] Thanks for your amazing input. But it actually is the easiest path to ending birthright citizenship for illegals. This would not end it for legal residents in the US, as they would under US jurisdiction. Just ending it for illegals. Just take a simple indrepretsrion of the “jurisdiction therof” by the Supreme Court. Done.[/quote] Do you really want to say people in the country illegally are "not subject to the jurisdiction" of the US? That means we can't prosecute them for crimes they commit while here. We say diplomats aren't subject to US jurisdiction because we also don't want US diplomats subject to the jurisdiction of the countries they work in. Diplomacy could not work if US diplomats in Russia were subject to Russian jurisdiction and prosecution. We also wouldn't typically prosecute alien soldiers in the US in a time of war, because they are treated as prisoners of war subject to separate judicial processes. Spies are here illegally. We do consider them under US jurisdiction - and we prosecute them. Every person who is not a diplomat or an invading soldier and is on US soil is subject to US jurisdiction and can be punished if they violate the law. I don't think we want to start exempting people here illegally from jurisdiction and thus criminal prosecution. Overstay your visa and murder someone - without jurisdiction, the best we could do is deport the murderer. [/quote]
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