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Recent content by newpublius

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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    Well it was relevant because the children of resident aliens became citizens and the children of nonresident citizens didn't.
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    No its the actual holding of the case.
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    Yes there were, the case clearly noted aliens who were resident and aliens who weren't.
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    Because aside from the Constitution there are statutes which are far less ambiguous. Let's say right now the court were to agree with me that the child of a nonresident tourist has no constitutional claim to citizenship, well there IS a statute which actually does exist and which acts to...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    No its NOT debatable that the concept existed. And I didn't say ILLEGAL alien, I said NONRESIDENT ALIEN and yes the distinction existed.
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    For something irrelevant the case seems to make a big deal of it. If it were irrelevant they would've said the parents' status, allegiance, domicile were irrelevant. That's not what the case says though, The case references the domicile and allegiance as the facts supporting being 'subject to...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    Yes, there were, indeed Wong Kim Ark was the child of resident aliens, the case notes the case of Greisser, whose parents WEREN'T domiciled and he was not considered a citizen (this case obviously does NOT control the Supreme Court but that's not the point), so the concept between aliens who...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    This court overturned Roe v Wade, hate to break this to you, but there is a possibility here that a case like Wong Kim Ark might be seen to apply to the children of resident aliens only and NOT to the children of nonresident aliens. Wong Kim Ark is NOT applying a brightline jus soli rule, it...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    "including all children here born of resident aliens" Joseph Story wrote well prior to XIV Amendment, of course not controlling the XIV Amendment: "'Persons who are born in a country are generally deemed citizens and subjects of that country.' Which of course initially seems to be support for a...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    You're wrong, the case expressly notes resident aliens, not just domiciled, the actual term 'resident aliens' IS used. Plyler v Doe is NOT a citizenship case and is about children NOT born here. TX had to let those children attend school, but the case had nothing to do with demanding those...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    It isn't the court notes the parents being domiciled, the question presented to the court contains within it that the parents are domiciled, the ruling itself notes resident aliens. Its a ruling with respect to resident aliens. "Every citizen or subject of another country, while domiciled here...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    Its not though, Wong Kim Ark is often thought of as the bedrock jus soli case and it really isn't. It stands for the proposition that the children of resident aliens are citizens. "Every single person on US soil with the sole exception being diplomats who have been granted immunity, are...
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    Why the Supreme Court should find for the Judges power, and Birthright Citizenship.

    The 19th century writers tended to think of the term with an allegiance element so in Wong Kim Ark the court rules: "Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United...
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    Why do we keep electing people who can’t balance the budget?

    That's not stable actually shows two very large spikes, one coincident with WW2 and the other more modern spike of course where we have forever wars, GFC, COVID and unlike WW2 where the war ended and they actually DID slash spending, they cut spending by over 50% when the war...
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    Originalism is a scam

    Just an aside here I know where you are going with that which is fine, but I did want to note certain things like the Port Authority of New York and New Jersey which is NOT federal, it is an interstate compact authorized by Congress, a joint venture between NY and NJ. I agree it would be under...
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