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In deciding who is and who is not a natural-born citizen within the meaning of our Fourteenth Amendment which is basically before our Supreme Court, begs the question “How are we to determine the true meaning of the citizenship clause as intended by those who crafted it and the people who voted for it”?

If a majority of the members on our S.C. attach their own desired meaning to the Constitution, they will have defeated the very reason for having a written constitution which the States and people therein voted for, and is intended to set the rules under which we live.

I will never forget the day decades ago when studying constitutional law and the making of our Constitution, when coming across the following quote:

"On every question of construction [of the Constitution], carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."--Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.

And this brings me back to my conclusion. "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.” How could there be such a knowing and willing intention during the time period when the Fourteenth Amendment was being framed when legal entry of foreign nationals into the United States was essentially governed by state laws and largely unrestricted?

Today, the States and citizens therein are dealing with a unique social and political situation not addressed by our Constitution ___ millions upon millions of foreign nationals have illegally entered the United States and are giving birth, which raises the question. . . are the offspring of illegal entrant foreign nationals born on American soil, natural-born U.S. citizens? To pretend that the States and citizens therein knowingly and willingly took up this question and agreed by the terms of our Constitution to extend the precious and priceless privilege of natural-born citizenship to the identifiable group in question is not just astounding, but a flat out misrepresentation of historical fact.

And the above is why I believe our Supreme Court members, sitting in judgement in Trump v. Barbara, and deciding if Trump’s E.O.”Protecting The Meaning And Value Of American Citizenship” is compatible with our Constitution, are restricted to applying the thinking in Luther v. Borden (1849), acknowledging political matters and decisions of this magnitude __ bestowing the cherished and priceless privilege of United States natural-born citizenship upon a new and identifiable group of persons ___ is not, by the terms and conditions set forth in our Constitution, within the province of our unelected Supreme Court members to decide.

JWK

…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. _________ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)