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Supreme Court upholds broad conception of birthright citizenship

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Re: Supreme Court upholds broad conception of birthright citizenship

#291

Earlier quoted context omitted.

The system that we had up until the late 1800s had a natural rate limiter in that the technology of the time made international travel so time consuming and expensive that immigration was simply an impossible pipe dream for the vast majority. It was also limited in impact on the native population because there were no welfare programs of any kind at the time, so an immigrant was never an expense item on the budget. I…

> national suicide Why do you think that? The same thing was said about the Chinese, Italians, Polish, etc... when they all came here. Instead they helped make the country what it is today. I also don't see anyone arguing for open borders, but straight forward paths for people to legally immigrate.

What do they say, "quantity has a quality all its own"?

I don't really have a strong opinion either way on it, but I think your question was addressed by the natural rate limiter mentioned in the comment you were replying to.

Just like I was happy to have a free blog without a robots.txt 5 years ago, but now with the AI crawler and other traffic I'm looking at using Cloudflare "are you a human" blocks or whatever.

Re: Supreme Court upholds broad conception of birthright citizenship

#292
post #164

Earlier quoted context omitted.

[flagged]

We know that because jurisdiction is such a fundamental concept that it needs no further specification. It's fundamental to any system of laws, if a jurisdiction is not defined, the system of laws is useless. Running a legal system without a jurisdiction is like running computer code without memory space. The US legal system defined everyone in its soil to be under its jurisdiction, _except diplomats_, because of dip…

People just need to read the decision, this is specifically discussed...

Re: Supreme Court upholds broad conception of birthright citizenship

#293
post #251

This "broad conception" is pretty well documented as what Congress wanted at the time of passage of 14th Amendment. It's been considered "settled law" for ages. The only real reason it's come to SCOTUS is that a particular political faction wants it to, and the media gives that particular faction more credence, and more coverage. So there's two things here: 1. An artificially whipped-up "question". 2. Conservative bi…

> Conservative bias in the media. Depending on how you count, something like 96%, 94%, 65% or 87% of mainstream media employees lean left. Of course this matters less and less as customers tune out and their influence wanes. https://ballotpedia.org/Fact_check/Do_97_percent_of_journali...

Thank you! Do they make the decisions about what stories to work and to run?

Re: Supreme Court upholds broad conception of birthright citizenship

#294

[flagged]

Agreed, especially when the “vacation” is actually birth tourism and the mother lied at the border.

If you would like a carve out for this, that may well be reasonable policy, and you should feel free to advocate for an amendment to the current text.

Re: Supreme Court upholds broad conception of birthright citizenship

#295
post #226
post #24

The most obvious read of the constitution in the world still being a 6-3 verdict shows the state of the Supreme Court today.

Don't agree that any of these cases are "most obvious" given that it's gone all the way through various appeals courts to the supreme court - and that's the mission of the Supreme Court, to interpret all the various situations for these cases and how they apply constitutionally.

Here is the full text of the relevant section of the 14th:

> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Please point to the section where it says "this only applies if the parents are citizens".

The reading which the court affirmed is incredibly obvious. Republicans and xenophobes like to pretend it isn't, but the text is very simple.

Re: Supreme Court upholds broad conception of birthright citizenship

#296

Earlier quoted context omitted.

Having a difficult and selective immigration process that rejects the vast majority of applicants is not a problem. It is exactly how an immigration system should work. We want the best.

I'm personally happy to welcome anyone who's willing to come, work hard, pay taxes, and support democratic ideals. This is how most of our ancestors got here, and it seems fair to me that we continue to extend that offer to other would-be immigrants. Worth noting that the economic literature also shows that this is firmly in our best interests, and immigrants and their children more than pay their way in future taxes…

The US today has the highest percentage of foreign born population since 1850 (I can't find numbers before that). If the US had truly open immigration we'd probably see several hundred million migrate and probably in the billions. What laws do today practicality did before.

Re: Supreme Court upholds broad conception of birthright citizenship

#297
post #268

Earlier quoted context omitted.

Yes, lots of them don't want the 14th amendment. They have racist/ethnocentric land ownership laws that contradict the 14th amendment, the same one that creates birthright citizenship. There are also allegedly some low quasi-government tribal positions in remote areas where women are effectively ineligible for office, though this one is less provable, it also would not be consistent with constitutional protections.

So many historical curiosities in this whole thing. Hawaii vs Puerto Rico, for instance, the latter having more people but not a state. I imagine we put up with the Samoan rules because we wanted the strategic base. My own citizenship rests on the fact that other territories have been included into birthright citizenship by statute.

Hawaii also bizarrely has 14th amendment violating land laws. There is a non-Indian-reservation, state owned land called the "Hawaiian Homelands" where only those of "the blood" of the right people can lease from. This violates the 14th amendment (SCOTUS has ruled Indians are exempted, but Hawaiians were determined in Rice v Cayetano to not be Indians) protections on equal protection under the law of different races to enjoyment of the public lands. No one has bothered to challenge it yet, but I expect especially under this SCOTUS the Homelands will get steamrolled if they do.

Hawaii's 14th and 15th amendment violating laws have slowly been getting flushed out. In ~2000 non "native" local voters could finally vote for all offices (RBG dissented, vouching for racist voting laws and against the 15th amendment), and IIRC not long after that it became possible for those with the wrong "blood" to hold all offices.

Re: Supreme Court upholds broad conception of birthright citizenship

#298

Earlier quoted context omitted.

Root cause it. The USA does not have an illegal immigration problem. It has a "huge, slow immigration bureaucracy" problem that makes the legal path so slow and difficult that people are incentivized to gamble on illegal paths.

Having a difficult and selective immigration process that rejects the vast majority of applicants is not a problem. It is exactly how an immigration system should work. We want the best.

To do what, pick strawberries and nail shingles?

Re: Supreme Court upholds broad conception of birthright citizenship

#299

If you shift from being a living constitutionalist to a strict textualist based on the case in question, then what you really are is a machiavellian.

My favorite argument (presented by a constitutional scholar) against originalism is that a constitution interpreted precisely as written by wealthy, landed 18th century white men disenfranchises every person who is not a wealthy, landed 18th century white man, roughly in proportion to how much they share in common with such a person.

Edit: the scholar is Kate Shaw. She presents her arguments a lot more coherently than me, seeing as it’s her life’s work. I advise you read her scholarly work or watch her interviews especially on Originalism rather than try to squeeze an argument out of me.

Re: Supreme Court upholds broad conception of birthright citizenship

#300

Earlier quoted context omitted.

Why is it insane?

I'm not him, but it creates some perverse incentives (like chinese billionaires who pay american surrogates to get implanted with dozens of their kids who get american citizenship). https://fortune.com/article/chinese-billionaire-xu-bo-father... might be an outlier, but it's still weird, especially since the US is the only country that has this.

> especially since the US is the only country that has this

I see this said in real life as well, but it's just false. Plenty of countries in North America do this, including Canada.

https://en.wikipedia.org/wiki/Jus_soli#North_America

> Canada: Subsection 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada – including Canadian airspace and territorial waters – is granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parent was a diplomat, the nationality or immigration status of the parents does not matter.

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