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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

#391
post #367

Earlier quoted context omitted.

Yes, educated people tend to lean left, since the right is so anti-intellectual. But virtually all media in this country (both social and legacy) belongs to the far right pedophile oligarchs currently running this country to the ground to fatten their pockets.

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Not what you call a liberal. Do you have any actual arguments?

Re: Supreme Court upholds broad conception of birthright citizenship

#392
post #363

Earlier quoted context omitted.

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Why are you being so rude? Please don't put words in my mouth, that is nothing like what I believe. My views are something like what the average American believed in 1910. Were they literally Hitler also?

America had a pretty decent sized fascist movement in the early 1900s.

Re: Supreme Court upholds broad conception of birthright citizenship

#393

Earlier quoted context omitted.

Keep reading! > In Second Amendment cases, this Court applies the Amendment to semi-automatic handguns even though those did not exist in 1791 or 1868. "Shall not be infringed" apparently applies to unimaginably better weaponry, but they couldn't have anticipated immigrants being pregnant.

Does the right to bear arms extend to stuff like MANPADS, tanks and fighter aircraft?

I think that’s the only logical conclusion of the “shall not be infringed” absolutists. They shy away from admitting it, though.

“Oh, those aren’t arms. They’re, uh, destructive devices!”

Re: Supreme Court upholds broad conception of birthright citizenship

#394
post #363

Earlier quoted context omitted.

[flagged]

Why are you being so rude? Please don't put words in my mouth, that is nothing like what I believe. My views are something like what the average American believed in 1910. Were they literally Hitler also?

> My views are something like what the average American believed in 1910. Were they literally Hitler also?

That's not really a great counterpoint considering how much inspiration Nazi Germany took from the amazing levels of racism the US had. Jim Crow, miscegenation, segregation, citizenship

The average American in 1910 wasn't a little Hitler, he was a Big Hitler. Hitler's father, even.

Good try, though, eierkuchen. I can see past you and so can everyone else.

Re: Supreme Court upholds broad conception of birthright citizenship

#395
post #335

Earlier quoted context omitted.

What if you're in the US on a work visa, so you do expect to pay income tax but don't expect to be conscripted into military service? What's the correct preposition for that case?

Still "subject to the jurisdiction of". US law doesn't currently have a law allowing them to be conscripted, and it would be very ill-advised to do so and it would cause a lot of diplomatic backlash, but it certainly could pass such a law if it chose to.

So people on a work visa are "subject to", specifically because of two criteria (income tax and conscription) which must both hold, at least hypothetically? What if the US passes a constitutional amendment explicitly saying that foreigners on work visas cannot be conscripted, would that, by removing the hypothetical, have the implicit effect of making such people no longer "subject to" its jurisdiction?

I think your take on this is overly complex and silly.

Re: Supreme Court upholds broad conception of birthright citizenship

#396

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.

There exist a large number of legal pathways to permanent residency in the US, some of which do take unreasonably long; employment-based green card applications for Indian nationals famously have a decade-long waiting period. They should be reformed and improved. But a big part of the problem is that many people do not have a legal pathway available to them, and either don't believe that or don't wish to accept it. S…

> There exist a large number of legal pathways to permanent residency in the US, some of which do take unreasonably long; employment-based green card applications for Indian nationals famously have a decade-long waiting period. They should be reformed and improved.

> But a big part of the problem is that many people do not have a legal pathway available to them, and either don't believe that or don't wish to accept it.

Even worse, there exist illegal to legal pathways, that come with risk but appeal: I came here on a K-1 fiance visa. A few years later, with my immigration attorney, as we compiled some documentation, I lamented the amount of money it had taken and she noted that it would have been both quicker, and cheaper, for me to come here on the VWP (Visa Waiver Program), which requires you to attest that you will not get married, get married anyway, and then work with an attorney to say "Oops, my bad, can I stay anyway".

That's just one example, just for my visa class. But there are absolutely many perverse incentives throughout the INS/USCIS/DHS quagmire.

Re: Supreme Court upholds broad conception of birthright citizenship

#397
post #167

Earlier quoted context omitted.

Well, it doesn't matter. If the SCOTUS decides that some people, in certain circumstances, are not in jurisdiction of US law, then they have to apply that notion everywhere. They can't pick and choose "oh no they are in jurisdiction of law A but not in law B". Jurisdiction is a fundamental concept, there's no middle ground. As for whether people are really doing birth tourism: sure, there might be some cases, but wel…

The fourteenth amendment doesn't say "within the jurisdiction" but "subject to the jurisdiction": if you break a window as a tourist, you expect to be prosecuted because you committed a crime within that jurisdiction, but you do not expect to be conscripted into military service or to pay income tax, because you are not subject to the jurisdiction. Birth tourism is definitely an issue for conservatives worried about…

  > or to pay income tax
dont you have to pay income tax if you stayed and earned money?

[0] https://www.irs.gov/individuals/international-taxpayers/taxa...

Re: Supreme Court upholds broad conception of birthright citizenship

#398
post #167

Earlier quoted context omitted.

Well, it doesn't matter. If the SCOTUS decides that some people, in certain circumstances, are not in jurisdiction of US law, then they have to apply that notion everywhere. They can't pick and choose "oh no they are in jurisdiction of law A but not in law B". Jurisdiction is a fundamental concept, there's no middle ground. As for whether people are really doing birth tourism: sure, there might be some cases, but wel…

> They can't pick and choose "oh no they are in jurisdiction of law A but not in law B". Jurisdiction is a fundamental concept, there's no middle ground. I mean, they shouldn't do this but clearly they can rule however they want with any pretext they want, because they answer to nobody but themselves. Who's going to tell them they can't do something? Who is left to appeal to? It's a deeply corrupt and undemocratic in…

They can be impeached, though the efficacy of that is questionable these days.

Re: Supreme Court upholds broad conception of birthright citizenship

#399
post #389

Earlier quoted context omitted.

So reversing the scenario - an illegal immigrant kills me - can't be prosecuted? Because they're not under US jurisdiction?

That question isn't really meaningful, because commission of a crime is a basis for jurisdiction. Generally if party A commits a crime against party B jurisdiction can be claimed by (1) the country where the crime occurred, (2) the country A is a citizen of, and (3) the country B is a citizen of.

> jurisdiction can be claimed by (1) the country where the crime occurred

Or the birth, as it were?

Re: Supreme Court upholds broad conception of birthright citizenship

#400

Earlier quoted context omitted.

I agree with the phenomenon but dont thinnk that is the case here. I know lots of people that have no issue loudly oposing demograpic change that still stumble on the issue of how to read constitutional text.

My point is that I don't think anyone would be focusing on this particular constitutional text if the underlying reason they are focused on it were allowed to be discussed in the open. It sounds like you don't disagree with that? Do you logically agree but you feel like it must be wrong somehow? Moral programming do be like that.

I agree that people use convouted rationalizations to justify the outcomes they want when their actual preferences are taboo to state outright. I thought you were accusing the SCOTUS of doing that, which I disagreed with.

I agree the public discussion is more charged and less coherent because some people are trying to project their taboo moral stances on to dry and boring question of textual interpretation.

That said, I think this case isnt the best example. I think there are lots of people who question if children of tourists or illegal enterants of the US should be given automatic citizenship, even without buying into demographic preferences.

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