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this post was submitted on 10 Dec 2024
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United States | News & Politics
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I have read the 14th amendment, and so have the people arguing against birthright citizenship as it exists now. Here's what they have to say. Some excerpts:
Presumably you disagree with the Heritage Foundation (I'm quite surprised to find myself agreeing with them here) but they are in fact well-informed about the text of the Constitution, its history, and relevant case law.
Edit: Does tagging people like this work? I don't want to post the same reply multiple times.
/u/thebardingreen@lemmy.starlightkel.xyz
/u/IDKWhatUsernametoPutHereLolol@lemmy.dbzer0.com
/u/_cryptagion@lemmy.dbzer0.com
You’re quoting the people who literally wrote the plan on how to usurp democracy and install Trump as a dictator, and holding them up as some kind of reliable expert on what the constitution says.
That's my point. These are the guys who wrote the plan to end birthright citizenship and "read the 14th amendment" doesn't go very far against them because they have. Neither does "the meaning of the 14th amendment is obvious" because they're constitutional lawyers and they're saying it isn't. They may still very well be wrong, but they aren't "ha ha, you haven't even heard of the constitution" wrong.
The original intent of "subject to the jurisdiction of" means areas of the US not under foreign military occupation, or diplomats, and anyone working with diplomats in a diplomatic mission. And probably includes the inside of the embassy/consolate. And maybe the UN building. But it was not supposed to mean anything to do with nationality. And I think "being here illegally" is also very problematic. Like are the enslaved people here "legally"? The 14th amendment was used to give citizenship to enslaved people. Enslaved people aren't considered people in terms of citizenship, and the moment slavery was outlawed, do enslaved people become "illegal immigrants". So are we just gonna remove citizenship from every decendent of an enslaved person in the us?
How do we even know who is here legally and who's not. And what if we found an "illegal" immigrant that entered in the 1900s, are we gonna deport every of their decendents?