Great News From Home!

O Ratty, I’m still in Ireland  (and 10Cents, sorry, I don’t really do pictures..Like Yeats, I believe “words alone are certain good”! I do have a few photos on my IPhone, but right now it isn’t speaking to my Ipad. )

i will be home just in time to vote!

BUT:

what’s this I hear?  Our Don is going to end birthright citizenship!?!?

Okay let’s look at the language of the 5th and 14th Amendments (from memory). The 5th binds the fed gov’t to grant “any person” equal protection of the laws. The 14th binds the states to grant “any person” equal protection of the laws.  BUT: the 14th does not make just “any person”  born or naturalized here a citizen.  Unlike the other two clauses, the citizenship clause requires that the neonate be “subject to the jurisdiction” of the US and the state.

An exception to this was always children of diplomats, and, in other countries where the  jus soli was recognized, children born to members of an invading force.  We haven’t had that situation much since 1792, until now.  The mother ( let’s face it, dad usually isn’t in the picture)  has to be here because she is “allegiant” to the US. Che can’t merely be within  US jurisdiction, in the geographical sense; she has to be subject to its jurisdiction,   in the sense of acknowledging the primacy and supremacy of the judicial power of our courts and laws.

(i know there is some SCOTUS  case, Wong Kim Ark or sump’n, where the court said children of LEGAL residents here could be citizens, and in dicta opined that it might apply to even illegals–but so what?  If that IS precedent, it can be overruled, and it should be. )

What I’m sayin’ is, based on the plain language of the 14 th(which everybody knows was adopted during Reconstruction to prevent the sore-loser states from disadvantaging children born to former slaves)  I think Trump’s legal advisers are right.  The Constitution does not require us to  confer citizenship on the spawn of any non-citizen who managed to sneak in here, or remain here illegally.

That’s my humble legal opinion.  I’m so excited that it looks like the issue will be litigated soon!

Let’s  hope Kavanaugh doesn’t pull a Roberts if the constitutionality of Trump’s  promised EO comes before SCOTUS. C’mon Brett baby, let’s  see some of that promised strict constructionism!!

Interesting times! 

7+
avataravataravataravataravataravataravatar

6 thoughts on “Great News From Home!”

  1. We sometimes think of leaving our homeland and living in Ireland. as they favor writers as immigrants. The government there does not tax writers on any income they receive from writing. Plus it rains a lot – so there are no wildfires like have been going on here in California.

    In any event, I would love to walk the grounds where Yeats spent so much time. And hang out with the leprechauns.

    2+
    avataravatar
  2. Hypatia:
    I see that quisling Ryan is already scuttling The Don.

    Democrats have raised a great deal more campaign funds for this election cycle. In part, because both Soros and the Koch Brothers are only allowing their monies to go to candidates that are pro-immigration.

    However last night while watching prime time TV, a nice catchy commercial came on that spelled out all of the weaknesses of recent  Dem Party philosophy. Including the ID Politics, the pro-immigration stances it now holds. Also  the censorship and unwillingness to debate anything, because if you are even 2 percent questioning some Dem policy – BANG you are a fascista.

    And that piece then  concluded with this:

    A vote for any Democrat is a vote for these things. Vote Republican.

    1+
    avatar
  3. By making these announcements, Trump is garnering  a lot of free publicity for what the Grand Ol Party now stands for.

    I hope that he also makes a pronouncement about protecting Social Security as some of the Democrats are lying through their teeth that this President will terminate Social Security the second the “R”s win this election. McConnell insists that Social Security needs to be done in, so what’s with that? Did  he never catch the memo from Ronald Reagan, that Social Security is paid for by those who get the benefits?

    McConnell reminds me so much of Feinstein – not loyal to the party they supposedly represent, and quite possibly getting a whole lot of something for the betrayal. (In Di FI’s case, she garnered a lot of governmental contracts for her husband Richard Blum’s construction firm. Both Fed and state contracts.)

    0

  4. Carol Sterritt:
    In any event, I would love to walk the grounds where Yeats spent so much time.

    As a James Joyce major, I’d be happy to catch a brew on Grafton Street. (Well I have already, but the walk through Joyce’s playground never grows old.) Have one on me Hyp!

    And if you want to see the true Ireland, make friends with a member of a local rugby team club. I loved watching a match or two while arguing with everyone in the pub that the NFL puts both scrums to shame. 🙂

    1+
    avatar

Leave a Reply