How will “originalist” J. Thomas justify ruling in favor of Trump on birthri
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Poast new message in this thread
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Date: August 21st, 2026 3:53 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083523) |
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Date: August 21st, 2026 3:53 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083525) |
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Date: March 14th, 2025 10:05 AM Author: concupiscible wine giraffe
it cannot (see marbury v madison).
seeing as congress did not amend the constitution after marbury to permit other branches to interpret the constitution, i find it very unlikely that the drafter's of the 14th intended for it to be interpreted by other branches, or the constitution generally. also wong kim ark decided this issue 127 years ago.
if you seriously think the court is going to overturn marbury and allow the executive and judicial branches to interpret the constitution separately you're insane. if anything they would just overturn wong kim ark. they're not going to overturn marbury you lunantic. obviously marbury is the correct interpretation of the judicial branch's role and the constitution drafters intent considering, you know, most of the drafters were alive in 1803 and the author john marshall pushed for virginia to ratify the constitution.
(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#48746911) |
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Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083528) |
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Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083529) |
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Date: March 14th, 2025 11:32 AM Author: concupiscible wine giraffe
yes but there are specific statutes for native americans and diplomats outlining the carve outs for their jurisdiction that includes this. the enemy combatant one is an obvious exception. and there's nothing in the immigration code that carves this it out. that's why i think it's unlikely that scotus will overturn a longstanding precedent, but might without a constitutional amendment with ordinary legislation.
i do think it's possible and reasonable for the court include illegals under the foreign soldier exception. however i doubt it'll happen with the current composition. it would be penumbraing the 14th as the text and precedent pretty plainly supports birthright.
i wish the gop would just get rid of the filibuster and pass legislation. the real root of the issue, and most others, is that congress isn't functional, leaving us to rely on the executive and judicial branches to exercise powers they don't have.
(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#48747152) |
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Date: March 14th, 2025 1:36 PM Author: scarlet university
you make a bunch of good points and i don't disagree too deeply, but the statute for Indians was in 1920, right? in other words, the contemporaneous understanding was that under the amendment as written (and without the help of statutes, etc.) Native Americans, kids of diplomats, etc., simply didn't get BRC. so, if that's true, i don't see why Congress can't act as to children of two illegal aliens.
(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#48747436) |
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Date: March 14th, 2025 1:42 PM Author: concupiscible wine giraffe
no i'm agreeing that i think scotus would agree that congress could act through ordinary legislation here.
the big difference is that during that time illegal immigration and citizenship was less of an issue and also congress was more responsive in changing the law for modern issues. it's hard to think of a real judicial reason for SCOTUS to reverse course here if they are just supposed to be interpreting the law. nothing in the law has changed and if you're a textualist it's hard to ignore the plain language.
anyway, guess we'll see how it shakes out. i would certainly be happy with the policy of ending birthright. i just worry about opening pandora's box with our own version of penumbraing the constitution to get a result we want. otoh maybe i'm being a lost causer. after all, i think a lot of trump's EO shit is unconstitutional but i'm fine with that because at least he's elected and has a mandate from the people to do it. the people *do* want to eliminate BRC and it's a fucking stupid policy.
(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#48747454) |
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Date: December 9th, 2025 10:29 AM Author: Lavender Razzle-dazzle Den Friendly Grandma
"in other words, the contemporaneous understanding was that under the amendment as written (and without the help of statutes, etc.) Native Americans, kids of diplomats, etc., simply didn't get BRC."
The categories referred to in the 14th amendment are of a completely different character than undocumented immigrants. The distinction is that those people (diplomats, foreign military advisors, Indians) were not subject to federal law and therefore could not enjoy the privilege of BRC. If that's the only limitation for BRC in the amendment, it's a stretch to say congress can legislate further limitations beyond those categories. This is especially true given the context of the drafting of the 14th am (preventing the South from determining blacks were not citizens). Cannot read exclusions into the clause given this context.
(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#49496229) |
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Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083531) |
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Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083532) |
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Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083534) |
Date: August 21st, 2026 3:54 PM Author: lib quotemo = literally WLMAS = dumb nigger
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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2),#50083535) |
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