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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

#591
post #590

Earlier quoted context omitted.

Yes im absolutely certain the broken redistribution system is one of the most pressing problems in US, but of course its not the only one. Not because recipients dont "deserve" a living but rather it poisons the productive and it provides the wrong incentives to recipients while conditioning them to depend on a bloated government that now has total leverage on their life (and of course, virtually assured votes to who…

Well, I do agree that the redistribution system is absolutely broken. Most welfare recipients do in fact work (and benefit others) but our capitalist redistribution system has decided that they don't deserve to live with dignity, leaving the centrally planned redistribution system to pick up the slack.

The fallacy here is you're trying to frame things in terms of "deserving." An African child deserves life and wealth as much as an American one. A guy slaving 16 hours a day ripping shingles off of roofs "deserves" a mansion and high-dollar escorts as much as the playboy heir of some mega-corp. Some starving African child probably deserves to rip the computer/tablet/phone you're writing this with out of your hand and sell it for a bucket of rice to feed his family. Play this fallacy out to its extension and the whole thing collapses in any system that's attempted to roll out the "deserve" system beyond a pretty constrained fraction of its GDP, and then both the deserving and undeserving end up worse off.

Re: Supreme Court upholds broad conception of birthright citizenship

#592
post #314

Earlier quoted context omitted.

Citizen tourism is not a real concern; good grief why do people care about fringe issues that impacts no one instead of concentration of corporate power, consolidation of wealth, and decreasing rights for citizens?

The best I can tell, 7-9% of US births are to non-US citizen parents. Maybe you could clarify what exactly you mean by “citizen tourism?”

Ask the person I'm replying to that used that phrase, it's mostly a racist dog whistle that is anti-immigrant.

Re: Supreme Court upholds broad conception of birthright citizenship

#593

Earlier quoted context omitted.

I think what you mean to say is that as a result of this ruling the voice of Americans can be diluted over time so that your preferred political outcomes can happen. Not everyone in my country believes that the concept of the nation state is stupid and should be done away with. I understand that there are many who do think this, and I have to live amicably among them, but it doesn't mean that I need to pretend that y…

It does mean you need to pretend that. Reagan has a famous quote about it. I mean, it's a free country, nobody can make you accept an idea you don't want to. But the nativist ideas you've adopted are not considered by most Americans to be acceptable. If you go around telling people that immigrants aren't real Americans, you will not be accepted even in many conservative circles. Even much of the Trump movement views…

You are wrong. My ideas aren't "nativist", they are the mean feeling on this subject for 250 years in this country. It has taken a tremendous amount of effort to convince people that things like "borders", "state sovereignty", and "being discerning about who you let into the country" is bad, evil even. That's why you think you can throw around the word "nativist" as a pejorative. I don't like Ronald Reagan for many reasons, and I don't know which quote you are referring to (though I can venture a guess), so I'm not sure what the point of that appeal is. Like I said, if you think that it's good to dilute the voice of people whose families have been here for a dozen generations by pretending that people who got here 15 minutes ago have the same values that's fine. But you won't get me to agree with you. If you want the country to be more left wing and increasing immigration gets you closer to that goal, just say that, it's cleaner.

Re: Supreme Court upholds broad conception of birthright citizenship

#594
post #465
post #404

Earlier quoted context omitted.

>The issue here is that there's no practical way to ever update the Bill of Rights in the 21st century. Bug or feature? Given that this isn't an issue in any other modern democracy, I'd say "bug."

The slow pace of change is a feature , not a bug. It's fine to wait decades or centuries until we have broad consensus before making amendments. While this might seem maddeningly frustrating or unjust in the short term, in the long term it makes our republic more stable. The USA has had an uninterrupted system of government since 1789. How many other major countries can say the same?

> The USA has had an uninterrupted system of government since 1789.

Sort of. We had a civil war. We had a second founding. Then we had violent overthrowing of the reconstruction governments in the south. It has been less than 100 years since the US has provided the franchise to everybody, and even then this is a bit questionable.

Instead of constitutional amendments we get aggressive reinterpretation of the text by politically motivated efforts to change the courts. Despite no change to the constitution itself we've created criminal immunity for presidents and overturned interpretations regarding separation of powers than have been in place for a century.

Re: Supreme Court upholds broad conception of birthright citizenship

#595

Earlier quoted context omitted.

And some other country might be liking those Founding Fathers concepts' even more. So? Doesn't change the fact that they weren't very good with not letting class/race/gender/etc position influence their policy making. And that's the claim we're discussing whether they've been good at, not whether they came up with some good new concepts like "due process" and "the right to free speech". They had "due process" but the…

[flagged]

>You’re complaining about where the founders didn’t follow their principles to their logical conclusions. But you overlook that you’re using the founders’ own principles to criticize how they fell short

Which is irrelevant, since it's not their influence on modern principles and their related concepts that's in question, but to whether "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.

It's precisely to the degree we don't interpet the consitution "as written by wealthy, landed 18th century white men", and, for example, extend it to women, blacks, the non land-owning poor, etc, that's

So, again: if you lived in a place that interpreted the constitution exactly in the way the "wealthy, landed 18th century white men" wrote it and interpreted it, e.g. as not incompatible with no-universal vote, few women rights, slavery and seggregation, and no free-speed by the way, would you be disenfrancized or not?

It's not the "Fathers" that de-disenfranchized the modern masses. It's people (including blacks) fighting, establishing newer protections, ammendments, and laxer interpretations, contrary to what the "wealthy, landed 18th century white men" constitutional practice was.

> You can’t even articulate the complaints you’re making using concepts indigenous to Asia, Africa, or the Middle East.

Ah, moving the goalposts again, from just the Constitution to also including Europe (which hopefully I established did many of these things first, and some better, and some much much earlier), the new ask being to find similar things "indigenous to Asia, Africa, or the Middle East".

Which exist. Even in ancient practices. And not just Greeks and Romans. Public deliberation, assemblies, and criticism of those in power have been found as practices all around the world, from egalitarian indigenous societies, even when not having a shorthand rallying cry like "free speech".

>You talk about slavery. But the countries those slaves were from enslaved their own people and sold them to America. Those cultures didn’t think slavery was wrong.

That's not an argument about how those "wealthy, landed 18th century white men" didn't still disenfrachize slaves. It's an excuse about how some other groups did it too. It might have been relevant response, had I claimed those other groups didn't disenfrachize slaves. But I didn't.

>It was the “0 to 1” step that was the hard one from which everything else followed.

Finally, that's an actual argument to the issue under discussion.

May I paraphrase it as "Sure, the founding fathers e.g. disenfrachized blacks etc, but their principles created the foundations for e.g. eventually abolishing slavery (that's an important 0 to 1 step)"?

And yet, tons of other places have either abolished, or practically zeroed, slavery, long before the Constitution was created. Didn't take a whole bloody war to achieve that either.

And we have no reason to believe the same modern changes wouldn't have happened without the Constitution, since parallel developments happened anyway, from Swiss cantons to the British Magna Carta, Bill of Rights, and the rest.

If anything the US in 1787 weren't ahead of the global curve. They were behind the other emerging constitutional states in accepting and even actively establishing constitutional support for slavery (like with the Three-fifths compromise and the Fugitive Slave clause). Even Japan had abolished slavery earlier!

Re: Supreme Court upholds broad conception of birthright citizenship

#596

Earlier quoted context omitted.

Seems to work fine. Dozens of countries do this. It's not some weird hypothetical nor is the US some bizarre outlier.

The fact that a guy like Trump was ever elected in the first place would imply it is not working fine. Half of the electorate supports his anti-immigration policies. In an alternate universe where immigration laws were properly enforced he may never have been elected. Further, just because something has never been an issue in the past doesn’t mean it won’t be in the future. The US is an outlier in being the only larg…

Are you saying birthright citizenship played a significant factor in getting Trump elected? Illegal immigration certainly did, but birthright citizenship played roughly no role from what I saw.

I'm not sure what you consider to qualify as large and wealthy, but most Western Hemisphere countries do it this way, including places like Canada, Argentina, and Brazil. If none of those qualify then you're getting awfully close to saying that the US is the only large and wealthy country, period.

You're right that it could have worked fine in the past but then become a problem. But if that's your argument, I'm going to need something a little more comprehensive than "imagine if things worked the way they actually do work in dozens of countries and have worked for longer than any of us have been alive."

Re: Supreme Court upholds broad conception of birthright citizenship

#597

Earlier quoted context omitted.

Why do people act like the sky is suddenly falling when the Court just keeps things as they have been for two and a half centuries?

one and a half, but sure

The 14th Amendment was largely codifying how things had been done before, plus insisting that, yes, it also applies to black people.

Re: Supreme Court upholds broad conception of birthright citizenship

#599

Earlier quoted context omitted.

It does mean you need to pretend that. Reagan has a famous quote about it. I mean, it's a free country, nobody can make you accept an idea you don't want to. But the nativist ideas you've adopted are not considered by most Americans to be acceptable. If you go around telling people that immigrants aren't real Americans, you will not be accepted even in many conservative circles. Even much of the Trump movement views…

You are wrong. My ideas aren't "nativist", they are the mean feeling on this subject for 250 years in this country. It has taken a tremendous amount of effort to convince people that things like "borders", "state sovereignty", and "being discerning about who you let into the country" is bad, evil even. That's why you think you can throw around the word "nativist" as a pejorative. I don't like Ronald Reagan for many r…

There simply does not exist a substantial political movement of people whose families have been here for a dozen generations. It can't, because the vast majority of Americans do not satisfy this criterion. My own family is homegrown by any conceivable standard, but we've "only" been here for six generations, although perhaps we might go around telling people it's twelve if we didn't have the records.

And again, I'd really like you to consider the honesty of the people who've told you this is a thing. In your readings about this movement to protect the voices of people who've been here for a dozen generations, did they ever mention to you that the current President is a third-generation immigrant and the Secretary of State is second-generation? If not, why do you think they didn't?

Re: Supreme Court upholds broad conception of birthright citizenship

#600
post #517

Earlier quoted context omitted.

In what sense has it ground to a halt? Eight amendments have been ratified in the past 100 years. I think some people are taking a very short-term view here and lack a historical perspective. Let's see how those other countries are doing 100 years from now.

A government structure that changes isn’t inherently bad. The US has gone through multiple iterations just by reinterpreting a document. Other countries tend to be a bit more explicit in this. The US in 2026 operates fundamentally differently than in 1910, and both are unrecognizable to 1801. The document was written when there were 13 states, and at best, appetite for a mere handful of others to join. For example, t…

The scaling laws involved here are worth precise study.

A high majority requirement seems reasonable as you have less and less members. It prevents one person from coming in and convincing two other people to completely change how things operate.

But the optimal majority requirement which balances rigidness and flexibility certainly trends downward as an organization grows. By how much? I'd like to know.

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