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The Supreme Court has issued a ruling on Trump v. Barbara (birthright citizenship). 6-3 striking down Trump's executive order. You can find the ruling here: https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf
I've only had enough time to skim the ruling thus far. Jackson wrote a concurrence which I won't bother to read because she's the second most retarded member of the court (Sotomayor still reigns supreme in retardation). Kavanaugh partially concurred on the basis that this needed to be done by act of congress as opposed to executive order, but otherwise generally agreed with the Trump admin's interpretation of the 14th amendment. Thomas and Gorsuch outright dissented. Alito had his own separate dissent. Thomas's opinion includes several historical examples of people born on US soil to people not lawfully in the US who were denied citizenship, and I was not aware of these examples previously, making his the most interesting. Well that and the fact that it agrees with my 100% objectively correct and indisputable view of the matter of course.
This is roughly how most court-watchers expected this decision to turn out, but it still doesn't change the immense disappointment I feel over this news. Someone here earlier this week or last week said that this decision will be our generation's Dred Scott regardless of how it is decided, and that it will tear the union apart in similar fashion. Demographic changes in the West generally are leading to ever increasing tension and dysfunction, and I fear this decision will ensure that a breaking point is reached soooner, rather than later.
This being anything other than 9-0 is an ominous level of partisan hackery. Like it or not, the Constitution is unambiguous with respect to birthright citizenship.
Expect future decades of the big issues of our time being decided by judges because legislatures have abandoned their responsibilities, and declining civic participation and partisanship frustrates any attempts to amend constitutions.
No, it really isn't: "Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons." - Jacob Howard, drafter of the 14th Amendment
Children of foreigners, aliens, and diplomats were not intended to be covered by the 14th by the very author of the amendment.
Is that how you parse that quote? It seems to me he is referring exclusively to the children of foreign diplomats. Not three different categories of people (i.e., foreigners AND aliens AND those who belong to families of ambassadors...).
Howard in other instances seemed to very clearly anticipate that the 14th would apply to the children of people from other countries who were not (yet) American citizens. In any case, the amendment as written very obviously does not make the distinction you are purporting Howard to have made.
"This will not include persons born in the United States who are foreigners."
"This will not include persons born in the United States who are aliens."
"This will not include persons born in the United States who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States."
I'm struggling to find any other way to parse it.
Because it's not a list of three categories. It's a description of one category, of which all three are needed to qualify. I.e. that citizenship is not withheld from aliens AND foreigners AND children of foreign diplomats, but rather children of foreign diplomats who are also aliens and foreigners. (Otherwise, for example, someone who had say, a foreign diplomat father and an American mother, born in America, would not receive birthright citizenship.)
I think semantically it is meant to be understand this way for a number of reasons: the alternative explanation is not consistent with Howard's purposes otherwise OR the final wording of the amendment, it doesn't make sense to describe newborn children being born as foreigners or aliens within the context of the rest of the amendment, and if it was a list it would certainly be more clear if there were ors/ands in between the items.
If I were to say to say, for example, to a car dealer that I only liked cars that were "red, fast, fuel-efficient"; I would expect him to understand that I want a car that is all three, rather than one car of each.
OK, but switch your hypothetical back to the negation that we're dealing with and it comes out my way.
If I want to see every car on the lot, but that this obviously doesn't apply to cars that are red, fast, fuel efficient, then don't bring me the red F150.
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