Domain: tiger-web1.srvr.media3.us SCOTUS will hear Birthright Citizenship case | Page 7 | Political Talk
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re: SCOTUS will hear Birthright Citizenship case

Posted on 12/5/25 at 3:05 pm to
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7733 posts
Posted on 12/5/25 at 3:05 pm to
Yeah, I’m catching up and see that others have raised this issue. This will likely be one or the rare decisions I read all the way through.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17595 posts
Posted on 12/5/25 at 3:06 pm to
Im literally telling you exactly that. On the first page you started arguing when someone said SCOTUS could DEFINE JURISDICTION.

Which we all agree is only in the 14th.

You are the one why said they cant and to apply that logic to the 1st and 2nd


Now you are just arguing in circles
Posted by soonerinlOUisiana
South of I-10
Member since Aug 2012
1578 posts
Posted on 12/5/25 at 3:07 pm to
quote:

Calling it now… they side with the Administration.


Hope you’re right, but I’m not optimistic. Like someone said above…….feelers.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
48824 posts
Posted on 12/5/25 at 3:08 pm to
quote:

That's what Amendments are for

True = that is what amendment are 'for'

you tell me - what what this amendment "for" =

1) it was written specifically to address the situation wrt the fact that a large number of prior slaves had been granted freedom from slavery. They tried to address that specific problem and also make some point about native Americans.

2) There was not a moment of debate about how some Somalian might tiptoe across the rio grande and drop a kid who would then be entitled to sit on his arse for the rest of his life being supported by the American citizen taxpayers, as well as allowing his parents and siblings to be here as well.



There is NO 'common sense' argument for this - none.

And if there is one - they could apply for accelerated review of their naturalization process - to jump ahead of the thousands of foreigners who are trying to do it RIGHT.

There IS a process for this - Anyone who wants to 'jump the line' is just wrong. period.

Common sense is not so common amongst certain democrat intellectuals.

Our constitution was written for people with common sense - for a population possessing integrity.

period.
Posted by Turbeauxdog
Member since Aug 2004
24270 posts
Posted on 12/5/25 at 3:09 pm to
quote:

consensus view of the 14th Amendment.


Is retarded.
Posted by dalefla
Central FL
Member since Jul 2024
3807 posts
Posted on 12/5/25 at 3:15 pm to
quote:

Entering this country as a citizen of another nation, popping out a kid, and granting the child citizenship, was NOT the intent of the amendment.



And, especially, when enterinh illegally.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 3:15 pm to
quote:

I don't think I agree with SlowFlowPro that this is some sort of meaningless distinction.

It's more that it would imply Congress can usurp the Constitution by creating classes of people who don't fall within its power.

That's ultimately where the "illegal aliens" argument ends up, because that distinction is purely legislative and not Constitutional.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 3:16 pm to
quote:


Im literally telling you exactly that. On the first page you started arguing when someone said SCOTUS could DEFINE JURISDICTION.


You're mis-stating the post to which I replied, which was

quote:

Until Congress steps in the executive branch should have full authority to define “jurisdiction”.

Congress and the executive =/= SCOTUS

Posted by Bass Tiger
Member since Oct 2014
54972 posts
Posted on 12/5/25 at 3:18 pm to
Birthright citizenship should have ceased 100 years ago.
Posted by MFn GIMP
Member since Feb 2011
22957 posts
Posted on 12/5/25 at 3:18 pm to
quote:

I’ll bet we get a Thomas majority opinion stating the 14th was only for slaves and not what we see today.

It's the logical outcome based on the congressional debate at the time and the words of the man who introduced the 14th amendment in the Senate.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 3:19 pm to
quote:

1) it was written specifically to address the situation wrt the fact that a large number of prior slaves had been granted freedom from slavery. They tried to address that specific problem and also make some point about native Americans.

Then it should have been written using terms specific to slavery, like the 13th OR 15h Amendments.

quote:

2) There was not a moment of debate about how some Somalian might tiptoe across the rio grande and drop a kid who would then be entitled to sit on his arse for the rest of his life being supported by the American citizen taxpayers, as well as allowing his parents and siblings to be here as well.

Again, not a Constitutional concern, and you're arguing for a Living Document to cure future failures of Congess and removing the discussion from the Constitution.

quote:

There is NO 'common sense' argument for this - none.

"Common sense" is a crutch for those who can't rely on facts and/or logic

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 3:23 pm to
quote:

I’ll bet we get a Thomas majority opinion


quote:

It's the logical outcome based on the congressional debate at the time and the words of the man who introduced the 14th amendment in the Senate.


As I said, this would confirm Thomas's now complete rejection of textualism and the analysis both he and Scalia relied on previously.

Thomas wrote a BUNC of opinions specifically rejecting looking at legislative intent.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
36725 posts
Posted on 12/5/25 at 3:36 pm to
quote:

Sadly think it will be 5-4 with roberts and barrett flipping because “feelings”

100%.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17595 posts
Posted on 12/5/25 at 3:37 pm to
quote:

Until Congress steps in the executive branch should have full authority to define “jurisdiction”.


The above was posted by Sass

To which you replied

quote:

This makes, literally, no sense. Apply this "logic" to the 2A or even 1A



Your statement that it makes no sense is beyond ridiculous because the word jurisdiction exists in the 14 and does not exist in the 1st or 2nd

You are the one somehow bringing in the 1st and 2nd into a discussion on the world jurisdiction. So if there is anything confusing here, you sir created it with the absence of rational thought
Posted by fwtex
Member since Nov 2019
3337 posts
Posted on 12/5/25 at 3:44 pm to
quote:

Sadly think it will be 5-4 with roberts and barrett flipping because “feelings”


This is my initial thought as well. But, after seeing how the immigration laws have been ignored, abused, and led to mass corruption across all government, those two may see the constitutional threat to the country by allowing the status quo to pervail. They may just stick to the actual written words, or lack of actual written words to rule with Trump.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 3:44 pm to
quote:

The above was posted by Sass


Which is specifically not this:

quote:

when someone said SCOTUS could DEFINE JURISDICTION.


quote:

Your statement that it makes no sense is beyond ridiculous because the word jurisdiction exists in the 14 and does not exist in the 1st or 2nd

The specific word chosen is irrelevant, as we're discussing if the Supreme Court or Congress/Executive get to define the words.

You're arguing in circles b/c you missed the obvious point.

quote:

You are the one somehow bringing in the 1st and 2nd into a discussion on the world jurisdiction.

Until Congress steps in, the executive should have full authority to define "militia"

Until Congress steps in, the executive should have full authority to define "press"

Until Congress steps in, the executive should have full authority to define "religion"

Hopefully the obvious point is obvious now.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
136931 posts
Posted on 12/5/25 at 3:58 pm to
quote:

Hopefully the obvious point is obvious now.
The obvious point being the present circus was never intended in the law. It is a product of interpretive semantics. It's fair and logical to review those interpretations based on the modern environment.
Posted by SirWinston
Kid Rock sucks
Member since Jul 2014
103603 posts
Posted on 12/5/25 at 4:08 pm to
quote:

His implication is that since they're both not white and originally born in the 3rd world, she won't vote for the admin.

He's channeling Nick Fuentes


And yet everybody knows that my point is correct and that she will 100% vote against ending birthright citizenship because she's a bleeding heart woman.

Ya'll just feel "icky" saying it, so you downvote me. Stunning and brave.
This post was edited on 12/5/25 at 4:12 pm
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17595 posts
Posted on 12/5/25 at 4:16 pm to
None of that is comparable

“Subject to the Jurisdiction thereof”


“Militia”

“Religion”

Yea all three are totally all equally vague
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471354 posts
Posted on 12/5/25 at 4:27 pm to
quote:

The obvious point being the present circus was never intended in the law. I

To a textual analysis, that's irrelevant.

Had they intended something else, they failed at using the right words, which is kind of important for a system built on language.

quote:

. It is a product of interpretive semantics

The "interpretive semantics" of Scalia and old Thomas. We used to celebrate and promote that interpretive philosophy.

quote:

It's fair and logical to review those interpretations based on the modern environment.

"Living Constitution" analysis. We used to criticize and deride that interpretive philosophy.
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