Thread: S.C. to review Trump’s birthright citizenship order. let us follow the rules.

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See: Supreme Court agrees to hear challenge to Trump’s birthright citizenship order.

"In an order released Friday afternoon, the justices said they would take up for review Trump v. Barbara, a case originally brought in a federal court in New Hampshire by a group of people whose children could be affected by the order. The Justice Department filed petitions to the high court to hear the Barbara case and Trump v. Washington, a challenge brought by Democrat-led states, in September, arguing the justices should rule on the legality of the order."

Well, since our Supreme Court has apparently decided to take up the meaning of Section 1 of the Fourteenth Amendment, as it relates to bestowing United States citizenship, let us all keep in mind the rules for doing so, as stated by our very own Supreme Court:

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

This very procedure was also summarized in a United States Senate Report as follows:

"In construing the Constitution we are compelled to give it such interpretation as will secure the result intended to be accomplished by those who framed it and the people who adopted it...A construction which would give the phrase...a meaning differing from the sense in which it was understood and employed by the people when they adopted the Constitution, would be as unconstitutional as a departure from the plain and express language of the Constitution." __ Senate Report No. 21, 42nd Cong. 2d Session 2 (1872), reprinted in Alfred Avins, The Reconstruction Amendments’ Debates 571 (1967),

Finally, let me personally point out a self-evident truth: Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records ___ its framing and ratification debates which give context to its text ___ wish to remove the anchor and rudder of our constitutional system so they may then be free to apply the Humpty Dumpty theory of language to our Constitution:



“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean- neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master-that’s all.”

Section 1 of the Fourteenth Amendment states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, exactly what did the Framers of the Fourteenth Amendment, and those who ratified it, mean by its carefully stated wording, “. . . and subject to the jurisdiction thereof . . .”? An excellent source, with a wealth of documentation on this very subject is SUBJECT TO THE [COMPLETE] JURISDICTION THEREOF: SALVAGING THE ORIGINAL MEANING OF THE CITIZENSHIP CLAUSE Texas Review of Law & Politics, by AMY SWEARER


JWK


"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void." ___ Chancellor James Kent, in his Commentaries on American Law , 1858.

I believe the Supreme Court may very well establish what it has already decided, and back it up with documentation from the 39th Congress when the Fourteenth Amendment was debated.


In IN RE SLAUGHTER-HOUSE CASES, 83 U.S. 36 (1872) the Court states the following regarding the 14th Amendment:

“That its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, subject to its jurisdiction' was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States“.

And in Elk v. Wilkins (1884) the Court affirms the Court’s opinion in the Slaughter-House cases:

”Now, I take it that the children of aliens, whose parents have not only not renounced their allegiance to their native country . . . must necessarily remain themselves subject to the same sovereignty as their parents, and cannot, in the nature of things, be, any more than their parents, completely subject to the jurisdiction of such other country”

'”This section contemplates two sources of citizenship, and two sources only,-birth and naturalization. The persons declared to be citizens are 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof .' The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance”

So why would the Court indicate the wording in the 14th Amendment which declares “and subject to its jurisdiction” was intended to exclude from citizenship “children of ministers, consuls, and citizens or subjects of foreign States born within the United States“?

The answer is to be found in the Congressional Globe, 39th Congress, which framed and debated the 14th Amendment. For example, in discussing the proposed 14th Amendment, Senator Howard explains the clear intentions of the 14th Amendment as follows:

The first amendment is to section one, declaring that all persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that 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. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.(my emphasis) see Congressional Globe, 39th Congress (1866) pg. 2890

Later, and after the question was repeatedly asked as to who is and who is not a citizen of the United States, Mr. TRUMBULL responds as follows SEE: page 2893, Congressional Globe, 39th Congress (1866)


“The provision is, that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” . . . “What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means.”

Mr. Trumbull later emphasizes in crystal clear language that: “It cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is “subject to the jurisdiction of the United States”

Mr. JOHNSON then rises to say: “…there is no definition in the Constitution as it now stands as to citizenship. Who is a citizen of the United States is an open question….there is no definition as to how citizenship can exist in the United States except through the medium of a citizenship in a State.

“Now, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Power--for that, no doubt, is the meaning of the committee who have brought the matter before us--shall be considered as citizens of the United States.” …he then continues “…the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.”

And then there is John A. Bingham, chief architect of the 14th Amendments first section who considered the proposed national law on citizenship as “simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…” Cong. Globe, page 1291(March 9, 1866) middle column half way down.

And so, a baby born to a foreign national mother while on American soil is not subject to the jurisdiction of the United States within the meaning of the 14th Amendment, nor becomes a citizen of the United States upon birth.

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See: PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP

Section 1. Purpose. The privilege of United States citizenship is a priceless and profound gift. The Fourteenth Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.

But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

(c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

Sec. 3. Enforcement. (a) The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.

(b) The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.

Sec. 4. Definitions. As used in this order:

(a) “Mother” means the immediate female biological progenitor.

(b) “Father” means the immediate male biological progenitor.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.


This new "policy" would be 100% within the four walls of our Constitution