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originally posted by: Xcathdra
a reply to: Violater1
Probably a bit off topic but the 14th amendment and the citizenship clause was never intended to grant birthright citizenship to children born in the US if the parents were not US citizens. The intent of that section of the 14th amendment was designed to apply to slaves, who were considered 3/5s of a person, in addition to Native Americans, who were outright ignored.
People in both groups became full US citizens, in addition to their children.
At the rate the left is going im thinking we might see a second civil war before the 2024 Presidential elections. Our government has gotten so out of hand, corrupt, self serving, selling out the American people that the only way to correct the problems is to take up arms and force the changes we demand.
originally posted by: Allaroundyou
originally posted by: Xcathdra
a reply to: Violater1
Probably a bit off topic but the 14th amendment and the citizenship clause was never intended to grant birthright citizenship to children born in the US if the parents were not US citizens. The intent of that section of the 14th amendment was designed to apply to slaves, who were considered 3/5s of a person, in addition to Native Americans, who were outright ignored.
People in both groups became full US citizens, in addition to their children.
At the rate the left is going im thinking we might see a second civil war before the 2024 Presidential elections. Our government has gotten so out of hand, corrupt, self serving, selling out the American people that the only way to correct the problems is to take up arms and force the changes we demand.
I really don't like responding to posts like this.
But damn you nailed it!
My problem is what changes will be made and how will said change impact my life.
Don't step on snake.
Probably a bit off topic but the 14th amendment and the citizenship clause was never intended to grant birthright citizenship to children born in the US if the parents were not US citizens. The intent of that section of the 14th amendment was designed to apply to slaves, who were considered 3/5s of a person, in addition to Native Americans, who were outright ignored.
originally posted by: yuppa
a reply to: Allaroundyou
the only changes that should be made are strict following of the constitution for one. NO PAID POSISTIONS except military,police and civil services.
Voting becomes MANDATORY and done in 1 day. early voting starts a month out. Plenty of time.If you do not vote you are banned from using public services until the next election. If you refuse a second time,you are deported as a enemy of the US.
Next, NO PARTIES shall exist PERIOD. Electoral college becomes used for all voting. Popular vote is banned.
Border becomes a DMZ and no one but approved people pass through. A border just like the walls in Korea.
All citizens over 18 must take firearms classes and become deputized for a year.
And all states have the option of Leaving,IF they sign a mutual defense pact and free trade deal that cannot be revoked or weaseled out of.And ALL STATES will follow the COTUS regardless of being part of the US or not.
originally posted by: AutomateThis1v2
a reply to: Xcathdra
Well, I guess they should have been more precise with what they meant and included reference numbers to a glossary in the back with precise definitions of the words used and footnotes to clarify any misunderstandings.
The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States.
The Civil War ended on May 9, 1865. Just more than three years later, on July 9, 1868, the 14th Amendment to the U.S. Constitution was passed. This amendment and the 13th and 15th amendments were a part of the Reconstruction Era of the United States, which focused on civil rights and rebuilding the war-torn nation. The 14th Amendment states that every person born or naturalized in America is a citizen of the country as well as their state of residence.
Some southern states began actively passing laws that restricted the rights of former slaves after the Civil War, and Congress responded with the 14th Amendment, designed to place limits on states' power as well as protect civil rights. To be readmitted to the Union after the Civil War, southern states had to ratify the 14th Amendment. Initially, Native Americans were not granted citizenship by this amendment because they were under the jurisdiction of tribal laws. It was not until 1924 that Congress passed the Indian Citizenship Act, which granted Native Americans citizenship rights as well.
The 14th Amendment has five sections. The first section introduces the citizenship law for all people born in the country or naturalized. This section also covers the limitations of state laws, which cannot supersede federal laws that govern citizens. States cannot deprive citizens of life, liberty, or property without due process of law. Due process of law means that legal proceedings have to be fair and that citizens need to be given notice and a chance to be heard before any rulings are made. When originally passed, the 14th Amendment was designed to grant citizenship rights to African-Americans, and it states that citizenship cannot be taken from anyone unless someone gives it up or commits perjury during the naturalization process.
The 14th Amendment has five sections. The first section introduces the citizenship law for all people born in the country or naturalized. This section also covers the limitations of state laws, which cannot supersede federal laws that govern citizens. States cannot deprive citizens of life, liberty, or property without due process of law. Due process of law means that legal proceedings have to be fair and that citizens need to be given notice and a chance to be heard before any rulings are made. When originally passed, the 14th Amendment was designed to grant citizenship rights to African-Americans, and it states that citizenship cannot be taken from anyone unless someone gives it up or commits perjury during the naturalization process.
Due to the Constitution and the fact the Dred Scott ruling came in 1857. It became a moot point when Scotus applied the 14th amendment to ALL states and not just Southern states, as was its original intent.
originally posted by: rnaa
Yes, of course. Because that was the specific wrong that was being addressed - the Dred Scott decision said that no black person could ever become a citizen, whether they were a former slave or a descendant of a slave or a newly arrived immigrant or a resident of a free state.
originally posted by: rnaa
The Tulane paper you quoted does not support your argument. It describes the specific case justification for the amendment but it DOES NOT say, nor imply, that it forever and always applied to former slaves only, in fact is specifically states it applies to ALL persons. The citizenship question for former slaves and their descendants was the immediate driving issue that motivated the first clause of the 14th Amendment, but that Amendment absolutely did not limit itself to that issue and that issue only.
Except if you were a Black and a slave, in which case it did not apply to you. Well except for purposes of counting the population, but even then you would only be 3/5th of a person. Hence the 14th amendment.. you know the part you desperately ignore.
originally posted by: rnaa
The Constitution isn't just for SOME people, it is for ALL people.
originally posted by: rnaa
When the authors of the Constitution wanted to specify that a provision applied only to citizens, they said so - in the words they wrote into the Constitution. When they wanted a provision to apply to anyone 'under the jurisdiction of the United States' (that is, everyone within the borders, foreign or nationals, but not including foreign diplomats or invading armies) they made no such distinction.
originally posted by: rnaa
Likewise, the authors of the 14th Amendment said exactly what they meant.
The 14th amendment DOES NOT say
"Black Persons born in or naturalized and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside..."
The 14th amendment DOES say
ALL persons born in or naturalized and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside..."
originally posted by: rnaa
It doesn't matter that YOU want it to only apply to former slaves - the words of the Constitution says that it applies to ALL persons - and there is no way that you can read it otherwise.
All your wishing and carrying on and wanton attempts to spread false narratives about the Constitution hoping to capture a few like-minded minds is just an unAmerican attempt to divide the People of the UNITED States along racial lines.
You are entitled to your opinion, but remember that your opinion can be wrong - and in this case it is very wrong.
and again you ignore historical fact and use your opinion, which doesnt fly. If it was not geared towards black slaves and their children, then why was it a requirement for only Southern States to adopt the 14th amendment in order to rejoin the Union? Maybe it had to do with the fact that Southern states, even after losing the civil war, still tried to legislate in order to keep black slaves.
Secondly foreigners visiting this country are not all subject to the jurisdiction of the US. Or did you forget that Ambassadors and their families are specifically carved out. Even if an Ambassador, or family member of, gives birth, they dont get US Citizenship.
As I said in the Scotus ruling for Wong Kim Ark, the governments position was simple. Because Arks parents, who lived in the US but retained their loyalty to the Chinese Empire who then moved back to China without ever becoming US Citizens, invalidated Arks claim. The government of California and the Federal Government supported that position.
Because Scotus decided to legislate from the bench, and applied a broad ruling as opposed to the narrow ruling, they wiped out not only precedent, but federal law.
I am educated, specifically in Political Science Public law and Criminal Justice. I do law enforcement and treat every person I come into contact with as a person and with respect (u shld try it), regardless of their history or where they are from. Understanding the laws, both at the state level and the Federal level, provides me with a unique view. I am obligated to refuse to comply with any unconstitutional or illegal order from Superiors. I am required, both by law and my chosen profession, to be knowledgeable of not only the laws, but how our Government works - ALL of it. From municipal, to County, to State up to Federal. Understanding our history is a HUGE piece of that, regardless of your unhinged racist bull#.
You seem to have a problem with educated people and that is something you will have to work on yourself. The more you throw your bull# accusations around while ignoring the laws and the Constitution (Federal and State), the more people will ignore what it is you are trying to claim.
From multiple Scotus rulings over the years. For example illegal aliens and foreign nationals are not completely covered by the US Constitution. Foreign Nationals cannot vote in our elections even though the constitution says the right cant be abridged. Illegal aliens don't have a right to have a lawyer appointed to them by the courts. Illegal aliens and foreign nationals dont have 2nd amendment rights and as a matter of fact and law they are prohibited from being in possession of certain types of weapons, even if the possession is accidental. An example would be a gun being found. It is illegal for illegal aliens / foreign nationals to be in possession of the found gun.
originally posted by: rnaa
Exactly where does opinion come into the difference in meaning between "All Persons" and "Black Persons" (or "Former Slaves" or whatever you think it is secretly supposed to mean)?
HINT: It does not completely apply to illegal aliens and foreign nationals. That is NOT an opinion but rather a FACT and is the law. Just like in Canada, if a person enters the the US illegally extradition treaties no longer apply. The person can be deported immediately and does not get all of due process.
originally posted by: rnaa
Hint: IT DOESENT. The word "All" means ALL. It does not mean "All former slaves", and it never has, and it never will. There is no opinion involved in reading that word.
So in other words the Constitution does not apply to everyone - check.
originally posted by: rnaa
That is correct, and I said so in my first post.
An overly broad and generic example on your part. There are different types of Diplomatic Immunity and the application depends on the person and the situation - so again you are wrong.
originally posted by: rnaa
That's the "and subject to the jurisdiction thereof" part. Foreign Diplomats (not just Ambassadors) are not subject to the jurisdiction of the United States legal system (except by agreement by their own country). That's where the term "Diplomatic Immunity" comes from.
Yup Diplomats ignore NYC law when it comes to traffic citations (to include parking). What usually happens is the City of NY eventually gets pissed enough and starts towing the cars to an impound lot. While rare, it does happen and it quickly escalates to the President because the UN Secretary General usually gets involved. As for arresting Diplomats, again it depends on the person and the type of Diplomatic immunity they have and the nature of the crime. At the top levels of Diplomatic Immunity the person cannot be charged. However they can be detained / arrested until their diplomatic status is verified through the US State Department. If we want to prosecute a diplomat we ask his country to waive diplomatic immunity. If they decline we usually give the Diplomat 72 hours to leave the country and they are labeled "persona non grata".
originally posted by: rnaa
The City of New York has lots of unpaid traffic tickets by UN Ambassadors. On the other hand, if some Ambassador killed someone, the US would sure try to get the foreign country to allow them to be handled by the US system, but that is not a sure thing. Many diplomats have been recalled home to avoid serious charges.
Native Americans are classified as US Citizens and they are subject to Federal Taxes. For more education I refer you to the IRS-ITG. As for invading armies we shall see how that works for illegal aliens in Texas, being they just declared the illegal aliens an invading army.
originally posted by: rnaa
But you seem to have forgotten the part about invading armies and Indians not taxed. They are not subject to the jurisdiction of the United States either.
All 3 groups are completely different from each other and different laws, both Federal as well as Maritime.
originally posted by: rnaa
Tourists and merchant sailors and refugees and etc. most certainly ARE subject to the jurisdiction of the United States while they are in the United States.
and Yet Black slaves were NOT considered people but rather as property. You can try to obfuscate all you want but it does not change the history nor the intent of the 14th amendment. Something that you cant seem to understand. That attitude tells me you are ok with the destruction of Confederate General Statues.
originally posted by: rnaa
The "subject to the jurisdiction" clause is the exception to the "All Persons" rule, it is not some magical redefinition of the word "All" that changes its meaning to "Black Persons".
originally posted by: rnaa
How else does SCOTUS decide? They sit at a bench and they decide. There was no "legislation" involved, only interpretation of the United States Constitution.
Wong Kim Ark was decided absolutely correctly. His parents were in the United States not as Diplomats, not as an Invading Army, and not as Indians Not Taxed. The Wongs were welcomed into the United States and lived and worked for many years in the United States under "the jurisdiction of the United States". During that time, their son Kim Ark was born.
Wong Kim Ark was one of the All persons born or naturalized in the United States, and subject to the jurisdiction thereof. As am I. Although I am not currently subject to the jurisdiction of the United States because I live overseas.