No, but SCOTUS can “reinterpret” the 14th Amendment. They’ve already taken the argument for a first date and they really liked it.
[Sane People] claim that anyone born in the United States is automatically a U.S. citizen, even if their parents are here illegally. But that ignores the text and legislative history of the 14th Amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children.
The 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship.
If you missed it, they’re claiming that undocumented people are not subject to the jurisdiction of the US, which is a really great way to lie, They’re hoping people don’t understand their big words. Jurisdiction means to have authority over and enforce laws upon. If the US didn’t have authority over undocumented people then there could be no deportations, arrests, speeding tickets, or HOA complaints against them. It’s ridiculous on it’s face but at least it’s not being pushed by a reputable organization like the Heritage Foundation.
If you do go read the rest of it, don’t forget they’re showing a very one sided take of definitions that’s favorable to them. They aren’t writing this as a good faith educational piece. For example, we know that courts and the government routinely ignored parts of the reconstruction era acts and Amendments until over a hundred years later. Relying on the opinions of those doing the ignoring is another way for them to talk fast and hope you don’t realize what they’ve done.
No, but SCOTUS can “reinterpret” the 14th Amendment. They’ve already taken the argument for a first date and they really liked it.
If you missed it, they’re claiming that undocumented people are not subject to the jurisdiction of the US, which is a really great way to lie, They’re hoping people don’t understand their big words. Jurisdiction means to have authority over and enforce laws upon. If the US didn’t have authority over undocumented people then there could be no deportations, arrests, speeding tickets, or HOA complaints against them. It’s ridiculous on it’s face but at least it’s not being pushed by a reputable organization like the Heritage Foundation.
If you do go read the rest of it, don’t forget they’re showing a very one sided take of definitions that’s favorable to them. They aren’t writing this as a good faith educational piece. For example, we know that courts and the government routinely ignored parts of the reconstruction era acts and Amendments until over a hundred years later. Relying on the opinions of those doing the ignoring is another way for them to talk fast and hope you don’t realize what they’ve done.
That’s some Sov Cit level legal gymnastics.
“This undocumented immigrant is just travelling, we have no jurisdiction over them”
Yup. And just like a SovCit they’re going to claim we don’t understand the magic words.