Trump is right but I don’t trust SCOTUS to have the courage to do the right thing. I especially don’t trust Roberts. If there is a good decision in the right direction it will likely be so narrow as to be useless. Hope I’m wrong.
They (the Roberts court) could decide narrowly. Birthright citizenship is bestowed upon those birthed on US soil who are subject to the jurisdiction of the United States. It says later in the same 14th amendment that Congress gets to decide (by legislation) what the legal justifications/definitions for said term “subject to the jurisdiction” means by legislation. Trump could say that until such legislation hits his desk he can decide whether children born to people here illegally get said blanket protection.
“Yes but apparently SCOTUS thinks if you can get arrested for murdering someone your under the jurisdiction of the USA”
Jackson (and maybe Amy Coney Barrett) thinks that. On balance Roberts ever the politician might decide that it is better for the integrity of the court to kick it back to Congress to decide what “subject to the jurisdiction of the United States” means. He would have a 14th Amendment statutory basis to do so without it looking like he is caving to Trump (or the left). Trump for his part could argue that until Congress passes laws clarifying otherwise he (Trump) by executive order could deny said kids birthed by illegal aliens here US citizenship. The left could then clamor for Congress to pass said laws; doubt if they would have the votes to override a Trump veto of such if they did.
The idea that just because you can be arrested means you’re under the jurisdiction for the standards of English common law is a very poor reading.
A sovereign or liege had farmers and merchants and clerics and whatnot under his protection, meaning his thugs in the castle would keep them safe, along with travelers who he allowed to pass through along his roads. But bandits and Viking raiders were not under his protection, and the liege would send his soldiers out to hunt them down and eliminate them or chase them out of his territory.
They were not of his people, they were predators on his people, which is why he’d send his soldiers to deal with them. The liege was exercising his sovereignty over his own people by protecting them from the bandits who were present on his territory without his permission or consent.
Trump is right but I don’t trust SCOTUS to have the courage to do the right thing. I especially don’t trust Roberts. If there is a good decision in the right direction it will likely be so narrow as to be useless. Hope I’m wrong.
They (the Roberts court) could decide narrowly. Birthright citizenship is bestowed upon those birthed on US soil who are subject to the jurisdiction of the United States. It says later in the same 14th amendment that Congress gets to decide (by legislation) what the legal justifications/definitions for said term “subject to the jurisdiction” means by legislation. Trump could say that until such legislation hits his desk he can decide whether children born to people here illegally get said blanket protection.
Yes but apparently SCOTUS thinks if you can get arrested for murdering someone your under the jurisdiction of the USA
“Yes but apparently SCOTUS thinks if you can get arrested for murdering someone your under the jurisdiction of the USA”
Jackson (and maybe Amy Coney Barrett) thinks that. On balance Roberts ever the politician might decide that it is better for the integrity of the court to kick it back to Congress to decide what “subject to the jurisdiction of the United States” means. He would have a 14th Amendment statutory basis to do so without it looking like he is caving to Trump (or the left). Trump for his part could argue that until Congress passes laws clarifying otherwise he (Trump) by executive order could deny said kids birthed by illegal aliens here US citizenship. The left could then clamor for Congress to pass said laws; doubt if they would have the votes to override a Trump veto of such if they did.
The idea that just because you can be arrested means you’re under the jurisdiction for the standards of English common law is a very poor reading.
A sovereign or liege had farmers and merchants and clerics and whatnot under his protection, meaning his thugs in the castle would keep them safe, along with travelers who he allowed to pass through along his roads. But bandits and Viking raiders were not under his protection, and the liege would send his soldiers out to hunt them down and eliminate them or chase them out of his territory.
They were not of his people, they were predators on his people, which is why he’d send his soldiers to deal with them. The liege was exercising his sovereignty over his own people by protecting them from the bandits who were present on his territory without his permission or consent.
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