Thread: NEW category of citizenship will be created if S.C. grants citizenship to illegals

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If the Supreme Court declares the offspring of illegal entrant foreign nationals born on American soil are United States citizens upon birth, they certainly will have unlawfully created a new category or group of identifiable persons as being natural born citizens of the United States.

FACT:

By the terms of the 14th Amendment, the offspring of Indians were neither, naturalized or natural born citizens of the United States

FACT:

On June 2, 1924, The Snyder Act created a new category of U.S. citizenship for Indians under Congress's constitutional power to regulate Naturalization (Article I, Section 8, Clause 4.)

CONCLUSION:

If a majority on our Supreme Court declares the offspring of illegal entrant foreign nationals born on American soil are citizens of the United States upon birth, they will certainly have unlawfully created a new category of natural born United States citizens. And doing so would usurp Congress’s exclusive power to regulate Naturalization. Likewise, our S.C. would be making a mockery of and nullify why our founders provided Article 5, in our Constitution (its amendment process) by which a willing and affirmative consent of the people is require to be obtained for such a significant recognition to be added to our Constitution.

Finally, our system provides elections in order for the people to change existing public policy. Currently, existing and unwritten federal public policy not law, recognizes the offspring of illegal entrant foreign nationals born on American soil as U.S. citizens upon birth. Are we to forget, the good people of the United States suffered under the Biden Administration’s open-border policy for four years? If a majority on our Supreme Court decides to create a new category of citizenship for the offspring of illegal entrant foreign nationals born on American soil, they will have also nullified the very reason for which our Founders provided elections, and they will be undoing what a majority of voters voted for when electing Trump as their new President.

I saw video on pregnant illegal women being bussed to hospitals just to give birth in the US.

They call these children "Jackpot Babies."

All this is doing is incentivizing illegal immigration.

Plus, how much is this costing American Taxpayers?

QUESTION: “Is our S.C. vested with power to create a new category of U.S. citizenship?". The obvious answer is no, since Congress, the people’s elected representatives, are granted exclusive authority “To establish a uniform Rule of Naturalization”, and by Section 5 of the Fourteenth Amendment, the people’s elected representatives are also delegated the power to enforce the amendment by appropriate legislation.


The current case Trump v. Barbara (No. 25-365) challenging Trump’s E.O. ”Protecting The Meaning And Value Of American Citizenship” asks the court to strike down the E.O., claiming the order directly violates the Constitution, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens".


The executive order, signed by President Trump on January 20, 2025, seeks to end automatic birthright citizenship for children born in the U.S. to illegal entrant foreign national parents, or those in the country on temporary visas.


It is asserted by Petitioners that United States v. Wong Kim Ark ,1898, has already settled the question of whether or not children born in the U.S. to illegal entrant foreign national parents are natural born U.S. citizens upon birth, and yet, the circumstances surrounding the Wong case are by far, extremely different from whether or not children born in the U.S. to illegal entrant foreign national parents are automatic U.S. citizens.


The facts surrounding the Wong case are, Wong’s parents were permitted in the United States under the Burlingame Treaty of 1868, they were legally domiciled residents in the United States at the time of Wong's birth in 1873; had been settled in the U.S. for quite some time; they were carrying on a lawful business; and Wong's parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth. By the above stated facts, Wong’s parents, for all intents and purposes, seemingly placed themselves under the jurisdiction of the United States within the meaning of the Fourteenth Amendment as it was understood by its crafters.


The simple truth is, an exhaustive review of the debates during the making of the Fourteenth Amendment is void of any evidence whatsoever to conclude its drafters, or the people when adopting the Fourteenth Amendment, knowingly and willingly intended it to include within the meaning of a natural born citizen, children born to foreign nationals on American soil who violated or subverted U.S. statutory laws upon their entry into the United States. Answering this question one way or the other turns out to be a political matter, and one to be determined by the people’s elected representatives, their Congress or President, and is a non-justiciable matter under the United States system of government and its separation of powers.


Let us not forget that our system intentionally provides for elections in order for the people to change existing public policy. Currently, unwritten federal policy, and only unwritten policy, now recognizes the offspring of an illegal entrant foreign national, born on American soil, as a natural born citizen of the United States.


Are we to forget, the good people of the United States endured and suffered under the Biden Administration’s open-border policy for four years? If a majority on our Supreme Court decides to create a new category of natural born citizenship, extending it to the offspring of illegal entrant foreign nationals born on American soil, they will have nullified the very reason for which our Founders provided elections, and they will be undoing what a majority of voters voted for when electing Trump as their new President.


Considering the above stated facts, our Supreme Court, in accordance with their oath of office to support and defend our Constitution, must apply the reasoned approach in Luther v. Borden, and affirm that a power to decide what turns out to be a political question, is not within the judiciaries delegated authority to decide, and must be decided by the people’s elected representatives . . . their Legislature and President, or the people themselves under Article V.


JWK


”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

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From the very beginning of our nation's founding, and when debating our Nations` first RULE OF NATURALIZATION, FEB. 3RD, 1790, page ll56, Annals of Congress Representative Burk emphatically states the introduction of some foreign nationals ought to be considered “. . . as a high misdemeanor.”

Mr. BURKE thought it of importance to fill the country with useful men, such as farmers, mechanics, and manufacturers, and, therefore, would hold out every encouragement to them to emigrate to America. This class he would receive on liberal terms; and he was satisfied there would be room enough for them, and for their posterity, for five hundred years to come. There was another class of men, whom he did not think useful, and he did not care what impediments were thrown in their way; such as your European merchants, and factors of merchants, who come with a view of remaining so long as will enable them to acquire a fortune, and then they will leave the country, and carry off all their property with them. These people injure us more than they do us good, and, except in this last sentiment, I can compare them to nothing but leeches. They stick to us until they get their fill of our best blood, and then they fall off and leave us. I look upon the privilege of an American citizen to be an honorable one, and it ought not to be thrown away upon such people. There is another class also that I would interdict, that is, the convicts and criminals which they pour out of British jails. I wish sincerely some mode could be adopted to prevent the importation of such; but that, perhaps, is not in our power; the introduction of them ought to be considered as a high misdemeanor.

I find nothing un-constitutional with respect to President Trump's E. O. Protecting The Meaning And Value Of American Citizenship

In fact, changing current federal policy as stated in Trump's E.O., is not only constitutional, but is in total harmony with our federal government's first duty to advance the "general welfare" of the United states and her citizens.

If a majority members on our S.C. strikes down Trump's E.O. and creates a new category of natural born citizenship for the offspring of illegal entrant foreign nationals born on American soil, they will be acting in defiance of our Constitution's command which puts the people's elected representatives, Congress and President, in charge of setting public policy.

.JWK

"If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story