Should birthright citizenship be left up to the states?

[WisconIndependent]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

 

[MamboDervish]

Should birthright citizenship be left up to the states?​

No.

 

[Blue Dog]

No, this is not and will never be a Tenth Amendment issue. It is absurd on its face. There are reactionaries on the SC interpreting the Constitution at times to suit their politics.

 

[The Brad Dad]

This is one of the many reasons Republicans are trash. 2A is black and white, every other amendment is fungible. And the “well i guess if you want to repeal 2A you better try to pass an amendment” suddenly think presidents can issue blanket EO’s denying Americans their rights.

 

[Individual]

No.

 

[trixare4kids]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

No. It's a federal issue.
Changes should be made by congress in the way of amending the fourteenth.

 

[Slartibartfast]

It would play havoc with the full faith and credit clause.

 

[WorldWatcher]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

#1 No.

#2 Class Action certification has already occurred, Trump's EO is already blocked again.

#3 No.

#4 Even if allowed to proceed with different states having different birthright citizenship clauses, that would create disparity between the Circuit Courts - unequal treatment under law - and the issue would still end up at the SCOTUS for a nationwide solution.

#5 No.

WW

 

[dmpi]

No.

 

[Moon]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

Of course not. Citizenship is a matter for the federal government.

 

[Pound4abrown]

Not just no. But **** no.
So you are born in Kansas and are not a citizen, but are if you are born in NY?
**** outta here with that nonsense.

 

[Hamish Howl]

No.

 

[daeler]

I don't see how this could be a state thing. Like if you are in LA you are a US citizen but if you move to Texas you will be deported?

Stupid.

 

[Visbek]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation.

It could be, but thankfully, it probably won't.

One of the suits successfully converted into a class-action lawsuit, so the judge was able to issue a national injunction. While it is theoretically possible that a higher court could remove that class action standard, that would be so egregiously partisan that I can't imagine even this SCOTUS would let that pass.

But yes, it is sheer madness and partisan bullshit to say that this is an instance where a national injunction shouldn't be an option. And the SCOTUS should have known what utter chaos their decision will eventually unleash.

 

[mrjurrs]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

NO

 

[Lisa]

No. It's a federal issue.
Changes should be made by congress in the way of amending the fourteenth.

Why should the 14th be amended when there is nothing wrong with it? Immigration is only a problem for bigots.

 

[trixare4kids]

Why should the 14th be amended when there is nothing wrong with it?

That's for congress to decide.

Immigration is only a problem for bigots.

Are you calling me a bigot?

 

[Helix]

no

 

[Loulit01]

Write out what amendment leaving birthright citizenship up to the states would say.

 

[Lisa]

That's for congress to decide.

We are one federal government with 50 subordinate states. It would be a nightmare to enforce.

Are you calling me a bigot?

Immigration/immigrants is just another culture warrior issue for the GOP to stir up racism and bigotry among their stupid voters. It has been that way for 150 years. Now every non white person is a problem for white conservatives. Conservatives are the problem because of their bigotry/racism toward various minorities. Deport the MAGAs and welcome the immigrants. They are better people than MAGAs.

 

[trixare4kids]

We are one federal government with 50 subordinate states. It would be a nightmare to enforce.

You misunderstood. I am not for the states deciding this for themselves. No, it would not be a nightmare to enforce. The 14th would be amended by the legislative branch of the federal government and signed into law by the executive. It wouldn't be hard at all to enforce.

Immigration/immigrants is just another culture warrior issue for the GOP to stir up racism and bigotry among their stupid voters. It has been that way for 150 years. Now every non white person is a problem for white conservatives. Conservatives are the problem because of their bigotry/racism toward various minorities. Deport the MAGAs and welcome the immigrants. They are better people than MAGAs.

Put your woke card away along with your lame ad homs. You should instead be commending the federal government for enforcing federal immigration law instead of turning the blind eye to some who come here and wish us harm.

Or don't you care what the cartel members, gang bangers, human traffickers, drug peddlers, murderers, rapists do to our citizenry? I resent your overgeneralizations. Of my eight grandchildren, at least one, and two step-grandchildren have brown faces.

 

[WisconIndependent]

Of course not. Citizenship is a matter for the federal government.

No, it's a matter for the constitution. The Feds only get involved if they wish to amend the constitution changing the language of the 14th Amendment and that then has to be ratified by the states.

 

[Lisa]

You misunderestood. I am not for the states deciding this for themselves. No, it would not be a nightmare to enforce. The 14th would be amended by the legislature branch of the federal government and signed into law by the executive. It wouldn't be hard at all to enforce.

The constitution is not and cannot be amended by the federal government. Having each state with separate citizenship laws would be a nightmare when people cross state lines. Our US passports would be worthless.

The constitutional amendment process in the United States involves two main steps: proposing an amendment, which can be done by a two-thirds vote in both houses of Congress or by a convention called for by two-thirds of state legislatures, and ratification, which requires approval from three-fourths of the states. This process ensures that amending the Constitution is challenging, reflecting the importance of maintaining its stability Wiki

Put your woke card away along with your lame ad homs.You should be commending the federal government for enforcing federal immigration law instead of turning the blind eye to it. Or don't you care what the cartel members, gang bangers, murderers, rapists do to our citizenry? I resent your overgeneralizations. My grandchildren, at least one, and two step-grandchildren have brown faces.

I am proud of being woke.

Immigration is only a problem for conservatives when they need an issue to rile up the bigots, just as LGBT rights.

Immigrants arent the ones committing crimes.

Some of the most extensive research comes from Stanford University. Economist Ran Abramitzky found that since the 1960s, immigrants are 60% less likely to be incarcerated than U.S.-born people.


There is also state level research, that shows similar results: researchers at the CATO Institute, a libertarian think tank, looked into Texas in 2019. They found that undocumented immigrants were 37.1% less likely to be convicted of a crime.


Beyond incarceration rates, research also shows that there is no correlation between undocumented people and a rise in crime. Recent investigations by The New York Times and The Marshall Project found that between 2007 and 2016, there was no link between undocumented immigrants and a rise in violent or property crime in those communities.

https://www.npr.org/2024/03/08/1237103158/immigrants-are-less-likely-to-commit-crimes-than-us-born-americans-studies-find

 

[Bullseye]

With the present decision by the court, not allowing one judge to make his ruling nationwide, birthright citizenship could end up like abortion and be a state-by-state situation. This would lead to a kind of patchwork set of laws similar to what we have with the abortion issue as some red state might decide to change the 250-year-old interpretation of the 14th Amendment allowing them to decide who is a citizen and who is not a citizen. This would go along the lines of what Vance is pushing. The real question is how far back in generations they could push such laws.

How can a state grant federal citizenship?

 

[WorldWatcher]

I don't see how this could be a state thing. Like if you are in LA you are a US citizen but if you move to Texas you will be deported?

Stupid.

No, if you are born a California you would be a citizen of the United States, and then if you moved to Texas you would still be a citizen.

However if you were born in Texas and were not a citizen and moved to California you would still not be a citizen because Texas said you weren't a citizen based on being born in Texas.

Also, there is Federal recognition.

• If you were born a citizen in California, you would be a citizen and could get a passport.
• If you were born in Texas, you would not be a citizen, you could not get a passport and you could be deported (to where I have no clue).

WW