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Birthright Citizenship and Trump

Birthright Citizenship and Trump

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Old Oct 31st 2018, 5:17 pm
  #31  
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Default Re: Birthright Citizenship and Trump

UK does not have birth citizenship so presume there was some other factors.

The US wording is qualified and obviously how it is currently interpreted was not how it was intended.
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Old Oct 31st 2018, 5:20 pm
  #32  
 
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Default Re: Birthright Citizenship and Trump

Originally Posted by Boiler
UK does not have birth citizenship so presume there was some other factors.
It did before 1983.
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Old Oct 31st 2018, 5:25 pm
  #33  
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Default Re: Birthright Citizenship and Trump

The UK did have birthright citizenship until Jan 1983. All the US military brats born in the UK after that date are not British citizens. Unless 1 of the kids parents are British.
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Old Oct 31st 2018, 5:28 pm
  #34  
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Default Re: Birthright Citizenship and Trump

Originally Posted by BritInParis
It did before 1983.
I stand corrected:

Between 1949 and 1982, birth in the UK or a Crown Colony was sufficient in itself to confer the status of Citizen of United Kingdom and Colonies (CUKC) irrespective of the status of parents, although only CUKCs with a connection to the UK (i.e., birth in the UK or has a UK-born parent or grandparent) would have right of abode in the UK after 1971 and would eventually become British citizens in 1983. CUKCs without a connection to the UK would become either British Overseas Territories citizens or British Overseas citizens in 1983 depending on whether they have a connection with another BOT.

The only exception to this rule were children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (e.g. US forces stationed in the UK) were CUKCs connected with UK and would become British citizens in 1983, albeit as a second nationality.
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Old Oct 31st 2018, 5:30 pm
  #35  
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Default Re: Birthright Citizenship and Trump

This is a bad idea and I oppose it strongly. You can't just up and change the Constitution by executive order. It sets a terrible precedent and some Democrat will come and say, oh, Trump did it for the 14th, I'm going to do it for the 2nd. No way, Jose. Bad, bad, bad.
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Old Oct 31st 2018, 5:33 pm
  #36  
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Default Re: Birthright Citizenship and Trump

The issue is one of interpretation, sadly the Executive Order cat was let out of the bag a long time ago.
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Old Oct 31st 2018, 5:48 pm
  #37  
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Default Re: Birthright Citizenship and Trump

"...born or naturalized in the United States, and subject to the jurisdiction thereof" were declared citizens. However, the jurisdiction requirement was interpreted to exclude most Native Americans, and in 1870, the Senate Judiciary committee further clarified the matter: "the 14th amendment to the Constitution has no effect whatever upon the status of the Indian tribes within the limits of the United States." From the Wiki page I quoted above. Just my guess...Trump is going to use the same idea that 14th amendment doesn't apply to illegals or people here on temporary visas, like tourists.
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Old Oct 31st 2018, 5:59 pm
  #38  
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Default Re: Birthright Citizenship and Trump

Originally Posted by jkeller
"...born or naturalized in the United States, and subject to the jurisdiction thereof" were declared citizens. However, the jurisdiction requirement was interpreted to exclude most Native Americans, and in 1870, the Senate Judiciary committee further clarified the matter: "the 14th amendment to the Constitution has no effect whatever upon the status of the Indian tribes within the limits of the United States." From the Wiki page I quoted above. Just my guess...Trump is going to use the same idea that 14th amendment doesn't apply to illegals or people here on temporary visas, like tourists.
Agree.
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Old Oct 31st 2018, 6:30 pm
  #39  
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Default Re: Birthright Citizenship and Trump

Wouldn't that mean that tourists can't be arrested for federal crimes?
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Old Oct 31st 2018, 7:15 pm
  #40  
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Default Re: Birthright Citizenship and Trump

No, it would just mean any kids a foreigner has in jail awaiting trial would not be US citizens.
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Old Oct 31st 2018, 7:24 pm
  #41  
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Default Re: Birthright Citizenship and Trump

Originally Posted by Anian
Wouldn't that mean that tourists can't be arrested for federal crimes?
Its an equally valid interpretation.
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Old Oct 31st 2018, 8:12 pm
  #42  
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Default Re: Birthright Citizenship and Trump

Since all developed countries in the world with the exception of Canada already do exactly what Trump is proposing, it seems like a double standard to be so offended. Try to emigrate to Japan some time.

It's never going to pass anyway.
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Old Oct 31st 2018, 8:41 pm
  #43  
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Default Re: Birthright Citizenship and Trump

Originally Posted by Octang Frye
This is a bad idea and I oppose it strongly. You can't just up and change the Constitution by executive order. It sets a terrible precedent and some Democrat will come and say, oh, Trump did it for the 14th, I'm going to do it for the 2nd. No way, Jose. Bad, bad, bad.
The Kraken awakes.
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Old Oct 31st 2018, 11:24 pm
  #44  
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Default Re: Birthright Citizenship and Trump

It’s one thing to suggest the Constitution needs updating to reflect the needs of modern society. It’s another thing entirely to decide unilaterally to achieve your aim by actually trashing it completely when you ignore another part of the Constitution, ie Article V, to do so.

Any attempt to amend the 14th while simultaneously denying there is a legitimate debate to have around the 2nd is doomed to hypocritical failure.
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Old Nov 1st 2018, 12:42 am
  #45  
 
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Default Re: Birthright Citizenship and Trump

Originally Posted by yellowroom
It’s one thing to suggest the Constitution needs updating to reflect the needs of modern society. It’s another thing entirely to decide unilaterally to achieve your aim by actually trashing it completely when you ignore another part of the Constitution, ie Article V, to do so.

Any attempt to amend the 14th while simultaneously denying there is a legitimate debate to have around the 2nd is doomed to hypocritical failure.
It’s a vote winner a week out from the midterms. So long as the Republicans retain control of one or both chambers it doesn’t really matter if it’s possible or not. That’s not the aim. The Democrats shot themselves in the foot over Kavanaugh and this is a good way to get that momentum over the line next week. Another smart piece of electioneering from Trump.
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