Trump's Policies Part 6

TIDE-HSV

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This paragraph from Wong says it all:

"The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, “All persons born in the United States” by the addition “and subject to the jurisdiction thereof,” would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases – children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State – both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. . . ."

There's no wiggle room. They would have to overturn Wong...
 

Tidewater

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I find the amicus unconvincing. (BTW, IIRC, no court has agreed with the EO yet, and it's headed for the SCOTUS.) I think the court will go black or white on the matter. Otherwise, it would spawn decades of litigation. If they went gray, now, if a woman drops a "tourist baby," that would be easy to decide - no citizenship. Past that, there would have to be a detailed investigation into each case as to domicile. Domicile is different from residency. Residency is where you lay your head each night. Domicile is what you consider your home. If you reside somewhere temporarily, even for years, but you have the intention to return to your domicile, then domicile never changes. This intention is, of course, frequently uncommunicated. As an afterthought, I can't see any court granting the executive the power to change citizenship with an EO...

Edit: BTW, although diplomatic immunity is not the end-all of "not subject to the jurisdiction," it's just the best example. To suggest that illegal immigrants are not subject to the jurisdiction of the US because they owe allegiance elsewhere, is totally illusory. Anyone without immunity (diplomats, some Indian tribes, etc.) and who is within the boundaries of the US is subject to the jurisdiction of the states and the federal government. Just try that as a defense in a criminal trial...
That is why Howard and Doolittle used the word "complete jurisdiction." Criminal law is enforced against anybody (or anybody with no diplomatic immunity), but sojourners/temp visitors cannot be drafted into the armed forces, cannot serve on juries, etc. I could easily see the SCOTUS saying, "Nice try, but no dice."

Since we have a legislature that is almost vestigial these days, I see Trump's MO as do what you want via EO, take the inevitable case to court, try to win via argument in court. Not what the Founders intended, but we have coward obstreperous children in the legislature, so they accomplish very little.

On a related note on domicile, the Army taxes based on domicile. Generally, wherever you came into the Army from, that is your domicile, and you pay state taxes there (if they have any; North Carolina taxes military income, while Tejas has no income tax). It can be changed, but you have to have indicators (driver's license, owning property, registering to vote, etc.), but the Army has to start you off somewhere.
While inprocessing Army finance at Ft. Benning, one classmate (graduate of NC A&T, if memory serves) stood up and asked the sergeant talking 200 lieutenants through the paperwork. The 2LT asked, "Sergeant, if you are from one state, but you do not want to pay taxes there and you want to be domiciled in other state but you do not have any legal connection with that state, how would you go about doing that?" (Not verbatim, but close).
The Sergeant looked at the Lieutenant and said, "Lieutenant, I cannot advise you on how to do anything illegal, ..." then went on to explain how a soldier demonstrates domicile in a new state. That was sort of an indelicate question by the Shavetail.
 
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92tide

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TIDE-HSV

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That is why Howard and Doolittle used the word "complete jurisdiction." Criminal law is enforced against anybody (or anybody with no diplomatic immunity), but sojourners/temp visitors cannot be drafted into the armed forces, cannot serve on juries, etc. I could easily see the SCOTUS saying, "Nice try, but no dice."

Since we have a legislature that is almost vestigial these days, I see Trump's MO as do what you want via EO, take the inevitable case to court, try to win via argument in court. Not what the Founders intended, but we have coward obstreperous children in the legislature, so they accomplish very little.

On a related note on domicile, the Army taxes based on domicile. Generally, wherever you came into the Army from, that is your domicile, and you pay state taxes there (if they have any; North Carolina taxes military income, while Tejas has no income tax). It can be changed, but you have to have indicators (driver's license, owning property, registering to vote, etc.), but the Army has to start you off somewhere.
While inprocessing Army finance at Ft. Benning, one classmate (graduate of NC A&T, if memory serves) stood up and asked the sergeant talking 200 lieutenants through the paperwork. The 2LT asked, "Sergeant, if you are from one state, but you do not want to pay taxes there and you want to be domiciled in other state but you do not have any legal connection with that state, how would you go about doing that?" (Not verbatim, but close).
The Sergeant looked at the Lieutenant and said, "Lieutenant, I cannot advise you on how to do anything illegal, ..." then went on to explain how a soldier demonstrates domicile in a new state. That was sort of an indelicate question by the Shavetail.
I have nothing further, except to refer you again to the excerpt from Wong and its two narrow exceptions. When that court referred to the common law of England, birthright citizenship had been the rule for centuries, although it no longer is...
 

CrimsonNagus

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nothing to see here folks. just first amendment aficionados doing what they do


President Trump and Department of Homeland Security Secretary Kristi Noemon Tuesday endorsed the idea of prosecuting CNN for its critical coverage of U.S. strikes in Iran and reporting on an app that warns of immigration raids.
I want to see the Trump supporters on this site defend this, right now. This is as un-American as it gets, tossing out the First Amendment because CNN hurt your baby feelings. Are you really willing to through away what this country stands for just to support Trump?

I hate Fox News and think they spew nothing but misinformation and lies, but I have never once thought they should be prosecuted. We all have rights in this country, not just the people who voted for the current administration.
 
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Bamabuzzard

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I want to see the conservatives on this site defend this, right now. This is as un-American as it gets, tossing out the First Amendment because CNN hurt your baby feelings. Are you really willing to through away what this country stands for just to support Trump?

I hate Fox News and think they spew nothing but misinformation and lies, but I have never once thought they should be prosecuted. We all have rights in this country, not just the people who voted for the current administration.

I think you're confusing the two. Not all conservatives voted for or support Trump. You probably need to edit your first sentence from "Conservatives" to "Trump Supporters". I've not voted for the guy one time, and I consider myself relatively conservative.
 

Maudiemae

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I think you're confusing the two. Not all conservatives voted for or support Trump. You probably need to edit your first sentence from "Conservatives" to "Trump Supporters". I've not voted for the guy one time, and I consider myself relatively conservative.
That's a very good point. Personally, my anger and even horror is directed toward Trump supporters but mostly those who are still supporting him. If they can watch what his "regime" is doing and still be faithful, I can no longer deal with them. Some are even cheering the cruelty this crew is enforcing. Brown Shirts. Trump is not Hitler but they are behaving like enthusiastic Nazis did.
 
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Huckleberry

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I think you're confusing the two. Not all conservatives voted for or support Trump. You probably need to edit your first sentence from "Conservatives" to "Trump Supporters". I've not voted for the guy one time, and I consider myself relatively conservative.
To be fair, there are those who were quite loquacious when it came to criticizing Biden but are strangely silent when it comes to speaking ill of Trump's actions (aside for some random disdain for his crude behavior). It's nice (and reassuring) when conservatives voice actual displeasure with a major policy of the administration, but it happens so infrequently that one might wonder if the silence signifies assent.
 

CrimsonJazz

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To be fair, there are those who were quite loquacious when it came to criticizing Biden but are strangely silent when it comes to speaking ill of Trump's actions (aside for some random disdain for his crude behavior). It's nice (and reassuring) when conservatives voice actual displeasure with a major policy of the administration, but it happens so infrequently that one might wonder if the silence signifies assent.
It's going to be situation-specific most of the time. I've criticized Trump's spending, the BBB. Operation Warpspeed, his obnoxious behavior, his 2A stance, etc. Some things I'm indifferent about. Some things I like. I readily admitted that I didn't know enough about the tariffs to make an educated opinion (an admission rarely heard around here when that topic was making the rounds.) It's worth pointing out that I'm still a third-party voter, so he never got my vote.

It's also worth pointing out that my criticisms toward Biden hit the skids hard enough to fishtail a stockcar when I realized that he was a victim of his administration (like the rest of us) and not at all in charge of what was happening. (I know you don't share that opinion, but I'm not letting go of this. Hell, it was already starting to show in 2020.)

The fact is, Trump is not the problem. A system that created this situation with the assistance of stupid voters IS the problem. Democrats and Republicans sat back and passively accepted the WWE-style politics that ultimately accomplished nothing outside of enriching politicians and the donor class for a very long time. What did we think was going to happen when a populist who knows his audience shows up? Crap on Trump all you want, but voters need to accept their role in how and why this happened.
 

Bodhisattva

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It's going to be situation-specific most of the time. I've criticized Trump's spending, the BBB. Operation Warpspeed, his obnoxious behavior, his 2A stance, etc. Some things I'm indifferent about. Some things I like. I readily admitted that I didn't know enough about the tariffs to make an educated opinion (an admission rarely heard around here when that topic was making the rounds.) It's worth pointing out that I'm still a third-party voter, so he never got my vote.

It's also worth pointing out that my criticisms toward Biden hit the skids hard enough to fishtail a stockcar when I realized that he was a victim of his administration (like the rest of us) and not at all in charge of what was happening. (I know you don't share that opinion, but I'm not letting go of this. Hell, it was already starting to show in 2020.)

The fact is, Trump is not the problem. A system that created this situation with the assistance of stupid voters IS the problem. Democrats and Republicans sat back and passively accepted the WWE-style politics that ultimately accomplished nothing outside of enriching politicians and the donor class for a very long time. What did we think was going to happen when a populist who knows his audience shows up? Crap on Trump all you want, but voters need to accept their role in how and why this happened.
For decades I have viewed almost every politician with contempt - hats who interfere with our freedoms and prosperity and expect us to thank them for that. I can agree with slivers of policy from either party, but that's about it. Beyond that, they suck. Democrats. Republicans. Matters little to me. Nigh all scumbags. As bad as Biden was, I could equally blame the GOP for not being able to beat a mental patient. As bad as Trump is, I can equally blame the Dems for not putting forth a candidate able to best the world's most obnoxious man-baby. But, there are still plenty of people who root for their political tribe like it's Saturdays in the Fall. 24-7 derp. And here we are.
 
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CrimsonJazz

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For decades I have viewed almost every politician with contempt - hats who interfere with our freedoms and prosperity and expect us to thank them for that. I can agree with slivers of policy from either party, but that's about it. Beyond that, they suck. Democrats. Republicans. Matters little to me. Nigh all scumbags. As bad as Biden was, I could equally blame the GOP for not being able to beat a mental patient. As bad as Trump is, I can equally blame the Dems for not putting forth a candidate able to best the world's most obnoxious man-baby. But, there are still plenty of people who root for their political tribe like it's Saturdays in the Fall. 24-7 derp. And here we are.
And watching Dems fall over themselves trying to find their own populist savior has been a tragic comedy. Take a look at the article I posted this morning on the DNC thread.
 
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Bamabuzzard

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To be fair, there are those who were quite loquacious when it came to criticizing Biden but are strangely silent when it comes to speaking ill of Trump's actions (aside for some random disdain for his crude behavior). It's nice (and reassuring) when conservatives voice actual displeasure with a major policy of the administration, but it happens so infrequently that one might wonder if the silence signifies assent.
I probably fit into the category that many conservatives who aren't "Trumpers" fit into. For instance, his idea of "cutting waste" and D.O.G.E.. I agree with the idea of cutting waste and the government starting to lower the deficit. However, I completely disagree with how he's doing it. I agree with his idea of cleaning up the number of illegal immigrants that are in our country. But disagree on aspects of the implementation. There are other things that I simply don't agree with him on, and things that (in principle and idea) I do agree with him on.

What I'm not going to do is run to my keyboard and obsessively post every time he says something ignorant, arrogant, or just plain stupid. I wouldn't leave my keyboard if I did that. I get some on here who are hard-core dems/libs and hate everything that look like votes republican, are going to take every opportunity to post everything possible that they can, to try and show that "they were right" and "the other side was wrong". I'm just not that dedicated or sold out to politics on that level. I know what type of personality he is, I know what type of person he is, and I expressed my thoughts in the voting booth. That's the "loudest" statement I can make and most impactful thing I can do as a voter.
 

92tide

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To be fair, there are those who were quite loquacious when it came to criticizing Biden but are strangely silent when it comes to speaking ill of Trump's actions (aside for some random disdain for his crude behavior). It's nice (and reassuring) when conservatives voice actual displeasure with a major policy of the administration, but it happens so infrequently that one might wonder if the silence signifies assent.
to be fair, nothing that is going now even comes close to rising to the level of schools providing litter boxes to kids identifying as cats
 
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