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Forums - Politics Discussion - Trump Plans to Challenge the Constitutional Definition of Birthright Citizenship

coolbeans said:
Final-Fan said:

1.  The Gish Gallop accusation is inane at best.  I asked four total questions, which on even cursory examination are two pairs of questions (the pairs being related questions illustrating my thoughts on the same subject).  (One:  Similar to diplomats?  If so, how? ... Two:  illegals "subject..."?  If not, diplomatic immunity?)

2.  "This will not, of course, include persons born in the US who are foreigners, aliens, who belong to families of ambassadors or foreign ministers accredited to the gov't of US, but will include every other class of persons." (Sen. Jacob Howard)

I don't see your clear delineation of situation and standing as pertains to illegal immigrants.  "foreigners, aliens, who belong to families of ambassadors etc." is, upon careful reading, clearly not a list of three things, but instead is revealed to be a single thing with what is called a parenthetical comma, as demostrated here, situated inside of it.  If it was a list, there would be an "and" somewhere, but there is no "and" in the entire Howard quote that you gave.  Additionally, "who belong to" would be a nonsensical fragment if it was a list, but it makes perfect sense when read as referring to "foreigners, [in other words] aliens, who belong to..."

So I read the Howard quote as saying, "This will not, of course, include persons born in the US who are foreigners (aliens) who belong to families of ambassadors or foreign ministers accredited to the gov't of US, but will include every other class of persons."  Please let me know if you disagree with the validity and substantial accuracy of this reading. 

Given that you accept the above interpretation, the question becomes, "Is there any sensible definition of "foreigners who belong to families of ambassadors or foreign ministers accredited to the gov't of US" that would include illegal immigrants in general?"  I put it to you that there is not.  Do you say that there is?  If so, what is your argument? 

(The two immediately preceding questions are to be read as a single two-part question and do not constitute a Gish Gallop in any sensible definition of the term.  As for the one inside quotation marks, I am not asking you that question.  I am saying that it could be said that the discussion we are having can now be encapsulated in that question.  Let me know if you disagree with that assessment even after granting, for the sake of argument, the condition that you accept the aforementioned interpretation of the Howard quote.) 

3.  I don't see American Indians as being closely analogous enough to illegal immigrants to make your comparison valid.  I haven't done lots of research on the topic with this specific subject in mind but I have a fair amount of lay knowledge here and Indians have a long legal history of being held separate from the general population in a way that is simply not true of immigrants.  The reservation system may have been rife with abuses but the concept is still that of a people and land held apart from the regular United States.  For example, Wikipedia sez "Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments."  I think you'd agree that illegal immigrants have no legal authority to "govern themselves" and are not considered part of "domestic dependent nations". 

Again I disclaim professional expertise, but I would surmise that the situation with American Indians is similar to that of unincorporated territories of the United States, which I do not believe the 14th amendment applies to.  Puerto Rico is arguably still unincorporated, but Puerto Ricans were given citizenship by act of Congress (and presumably not the 14th amendment).  The bottom line is that the comparison is not close enough to say the same logic can be applied (that as citizenship was granted to one, it can be taken away from the other).  Illegal immigrants are, generally speaking, not giving birth in unincorporated territories. 

1.)  Important to note: "tantamount to..." And..eh...not really.  By that same token, upon cursory glance your series of questions are just sand-blasted on there in what strikes as a seeming disregard for their actual worth or strength, essentially wanting me to plug up 4 holes than engage thoughtfully on my previous response.  The "diplomatic immunity" 4th question is where it really teetered and impelled me to say that.  It's worth noting the full-bodied response you've made now--which I appreciate, but there's nothing presented in that counter which convinces me to redact my previous sentiments.

2.)  Well...this gets into that dicey realm of not only assessing 19th century English standards through a 21st century person's eye but also in respect to a transcription.  I disagree with the validity of said claim.  For starters, if the field is so narrow to only include children of foreign diplomats born on US soil, it seems preposterous for Howard to not specifically say so in that context.  Also, it harms the "but every other class of persons" portion as a result b/c it assumes Howard didn't consider the Native American population when making such an address.

(*Sigh* ... Look: if you have issues how I judged a response of yours, keep it more direct like in 1.  This indirect method reeks of patronizing bullshit, even if that wasn't your true intention.)

3.)  So there's some interesting nuances worth considering which I appreciate (and am too tired to research and give an objection/agreement).  But even with your statements considered, there's a simple breakdown in this:

-Children of Native Americans born on reservations or federal soil: Congress has passed laws acknowledging them as US citizens

-Children of Puerto Rico and Territories: Congress has passed laws acknowledging them as US citizens

-Children of Illegal Aliens: Congress HAS NOT addressed this in the same capacity; in fact, DACA was initially struck down by them and then Obama signed an EO regardless

Anyways...that's all I have for now.

1.  The "diplomatic immunity" question is pretty ridiculous, I agree, but that is intentionally so to highlight what I see as the ridiculous logical implication of not considering illegal immigrants to be "subject to the jurisdiction" of the United States.  And whether my question is ridiculous or not actually has nothing to do with whether it's a Gish Gallop as I understand the term.  How do you define it?  Also, I firmly believed at the time that a reasonably careful reader could reasonably be expected to recognize that the four questions were actually two two-part questions, as I illustrated in my last post; but you seem to have dismissed this by saying I asked you to "plug up 4 holes" (not 2 holes as would be implied if you agreed with my reply) and yet you didn't tell me you thought my interpretation was asking too much of the reader or otherwise explain any objection to what I said.  Except, that is, to the claim that "upon cursory glance" I appeared to be shotgunning my questions.  To that I can only say that you should probably take a second look beyond cursory glances before accusing someone of intellectual dishonesty. 

Let me move my reply to your related comment from (2) up here.  Your accusation of Gish Galloping for asking you more than one question at a time was frankly bizarre to me and caught me completely off guard, so I was defensive when I noticed that I was asking you more than one question in that spot.  I saw it as nothing more than getting out in front of an objection that you had already made in what seemed to me to be similar circumstances (although clearly I'm missing something), and to the extent that it came off as patronizing I regret that it did so.  To the extent that it came across as aggressively slapping down an argument you could potentially have had no intention of even making ... under the circumstances (it had already happened before) I don't feel a particular need to apologize for that one. 

2.  I do not have professional expertise in 19th century English but I do have extensive familiarity with grammar, including antiquated grammar and specifically including the common usage of commas.  (Commas were much more liberally used in those days, I've noticed, compared to most contemporary writing.)  As far as I'm concerned, 19th century comma usage mostly follows the same rules as used today—two main differences being, first, that many commas are optional and they were far more commonly included; and, second, that "pause-for-breath" commas (with no other grammatical purpose) were considered correct where today I believe they are considered incorrect.  There are a few exceptions where commas were inserted back then in other places that I would consider it to be incorrect usage today, but I don't see the commas in Howard's quote to be consistent with those usages that I am familiar with.  Skipping to your "but what about the Indians" point, I think you're flat-out wrong there, since according to my argument in (3) they weren't considered to have been born in the US proper and therefore were excluded by his condition "born in the US". 

Backtracking to your other point, let me boil it down to this simple question:  if you reject my interpretation of his commas, do you have an alternative interpretation?  If so, what is it?  If not, then on what basis are you rejecting my interpretation? 

3.  I think you've completely missed my point.  The American Indians and Puerto Ricans granted citizenship by legislation were not on incorporated US territory.  That is why they were not already given citizenship by the 14th amendment.  Not all land controlled by the US is the same:  there are states, there are incorporated territories, there are unincorporated territories, and there are American Indian reservations.  The differences between these are not always trivial:  Wikipedia sez "Article III [of the Constitution] has been viewed as inapplicable to courts created in unincorporated territories outside the mainland".  Think about that:  Article III, the part that sets up the court system, doesn't apply to courts in unincorporated territories!  Surely this must convince you that it's at least plausible that there would also be differences in whether and how the amendments are applied to the same areas?  And, furthermore, wouldn't you agree that these differences in enforcement do not creep back to the states themselves?  [edit:  in other words, Article III not applying to unincorporated territories doesn't mean that the government can disregard Article III in the states.] 

If an illegal immigrant gives birth on land within an actual state of the US or in an incorporated territory, that child is certainly a citizen by virtue of the 14th amendment.  [edit:  If the same child was born on the incorporated territory of Palmyra Atoll, the same would be true.]  However, if the same child was born in the unincorporated territory of Jarvis Island, that child would not be a citizen by virtue of the 14th amendment.  If the same child was born in the unincorporated territory of Puerto Rico, it would not be a citizen by virtue of the 14th amendment, but it would be (as far as I know) by virtue of legislation passed by Congress. 

Legislation is not necessary for anyone covered by the 14th amendment.  Puerto Ricans and American Indians were not covered by the 14th amendment.  Children who are born to any parents whatsoever on the soil of an actual state (and not an American Indian reservation) of the United States, or an incorporated territory [edit:  exclusively the Palmyra Atoll, AFAIK], are covered by the 14th amendment.  For anyone covered by the 14th amendment, legislation short of constitutional amendment is legally powerless to strip them of the citizenship granted by it, and the same goes for any executive action. 

However, Congress could pass a law that babies born to illegal immigrants in Puerto Rico or on American Indian reservations are not citizens.  And it might be possible for an executive order to have some effect there, though I doubt the executive branch can legally countermand the legislative branch's explicit will in this case. 

Last edited by Final-Fan - on 11 November 2018

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NightlyPoe said:

I'd just like to back up and point out that the opening post and most of the posters in this thread are completely incorrect.  Trump isn't trying to override the Constitution, he's saying that birthright citizenship isn't in there in the first place.  Personally, I think that's a difficult argument to make, but it's not completely unreasonable given the history of the Amendment and what it was thought to mean at the time (originalism).

My personal view is that it's good policy to end birthright citizenship as it's another magnet for illegal immigration, but that Trump is unlikely to prevail.  But the idea that Trump is tossing the Constitution out is overwrought.  He's applying a valid interpretation that hasn't been challenged.

I'd also say that I'm highly skittish on changing major policies based on executive orders, but Trump's actually better about that than his predecessor.

Bar our other conversation about procedure, this is really what I would want to discuss with you. In particular, I want to know what you think would be Trump's argument that birthright citizenship isn't in the 14th Amendment in light of the Wong Kim Ark case. You are one of the few that has said you think this is what he is arguing and I would be very curious to know your legal reasoning behind that, despite saying it is a difficult argument to make. Not trying to put you on the spot, my apologies, but frankly curious.



melbye said:
Birthright citizenship is dumb, you should not be able to claim citizenship in a country you have no real connection to. But i don't think one person should be allowed to make an unilateral decision to change the constitution of a country.

Live in a country your entire life, 'claim citizenship in a country you have no real connection to.'

Sure that makes sense. /s



A warrior keeps death on the mind from the moment of their first breath to the moment of their last.



I believe several senators who helped draft the 14th amendment according to documents clearly said that babies born in the USA to illegal immigrants would not be citizens.



         

NightlyPoe said:
Machiavellian said:

The thing about intent is that it changes with different groups interpretation.  This is probably why the courts try to stick to the words instead of intent because usually it's just another opinion.  Contracts are done this way all the time.

Again, you are misunderstanding Originalism.  Its goal is to understand the meaning of the words and intent when they wrote them.  It's not to bale out legislatures when they write sloppy statutes.

The goal is to limit the different interpretations via attempting to figure out what they would have meant at the time.  To take one challenging term from the Constitution, that isn't quite as strongly debated at the moment.  Impeachment is said be reserved for "High Crimes and Misdemeanors."  Well, what does that mean?  To a modern audience, it would sound like a rather high bar.  "High" being the operative word.  You might think that it means major crimes.

But to the people who wrote it, the word "high" referred to the person committing the crime.  It basically meant a breach of public trust in some manner and how a person in such a "high" position of power has special duties to carry out his charge faithfully.  Therefore, to the Framers (George Mason to be exact), the term High Crimes and Misdemeanors would have lowered the bar for impeachment.

So, while the words can be interpreted  either way by a reasonable observer, the origininalist judge will try and discover the meaning of the interpretation at the time it was written and how it would have been believed to have been commonly used at the time.

Incidentally, I'll also add that Scalia led a very successful campaign to dissuade his colleagues from using legislative history in their opinions.  In other words, Scalia very much relied on the text first and foremost.

Not being an expert of Originalism and doing a lot of research one thing is clear, it differs a lot depending on which group you happen to look at.  Something that fluid should never be a means to determine how the constitution should be interpreted.  My reasoning is that it will always be different depending on who is in power and thus subject to much change.  Also, trying to figure out what the founders were thinking about at that time leaves to much theory in interpretation unless there are specific text that can be reference to make it clear.

In the case between US VS Wong Kim Ark, citizenship is undefined in US law.  To decide that case, the Supreme court used the English Common Law to define the clause of jurisdiction and the 14 amendment concerning that clause.

[a]liens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction, of the English sovereign; and therefore, every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign State, or of any alien enemy in hostile occupation of the place where the child was born.

After doing more research on the US VS Wong Kim Ark case it seems that its already a done deal.  The courts gave an interpretation of "Jurisdiction" and that citizenship was covered via jus Soli ".  Your statement that Trump is claiming that birthright citizenship isn't in the constitution has already gone to the SC and trying to use the "jurisdiction" part was given meaning which invalidates his whole argument. 



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nathantay said:
I believe several senators who helped draft the 14th amendment according to documents clearly said that babies born in the USA to illegal immigrants would not be citizens.

When you find that document please post it.  I know I have looked on plenty of conservative sites and even they do not have any such statement.



Machiavellian said:
nathantay said:
I believe several senators who helped draft the 14th amendment according to documents clearly said that babies born in the USA to illegal immigrants would not be citizens.

When you find that document please post it.  I know I have looked on plenty of conservative sites and even they do not have any such statement.

Your assessment is correct. Something we need to be aware of is that immigration policy at the time of the drafting of the 14th Amendment was extraordinarily different than current policy. For the most part, America operated with a policy of open borders until the early 20th century. And the system of visas didn't come around til the 1920s I believe. The formal laws that exist today wasn't drafted until 1952 in the INA.

So when I hear people talk about what the drafters of the 14th amendment thought in relation to illegal immigration, that is frankly asking the wrong type of question. The Chinese Exclusion acts were passed after the 14th Amendment which is the first major regulation of immigration in the US. It doesn't mean that there wasn't people that the US wanted to exclude before the Chinese Exclusion act, but there wasn't an extensive legal system in place to do it. 



https://www.14thamendment.us/birthright_citizenship/original_intent.html



         

coolbeans said:
Final-Fan said:

1.  The "diplomatic immunity" question is pretty ridiculous, I agree, but that is intentionally so to highlight what I see as the ridiculous logical implication of not considering illegal immigrants to be "subject to the jurisdiction" of the United States.  And whether my question is ridiculous or not actually has nothing to do with whether it's a Gish Gallop as I understand the term.  How do you define it?  Also, I firmly believed at the time that a reasonably careful reader could reasonably be expected to recognize that the four questions were actually two two-part questions, as I illustrated in my last post; but you seem to have dismissed this by saying I asked you to "plug up 4 holes" (not 2 holes as would be implied if you agreed with my reply) and yet you didn't tell me you thought my interpretation was asking too much of the reader or otherwise explain any objection to what I said.  Except, that is, to the claim that "upon cursory glance" I appeared to be shotgunning my questions.  To that I can only say that you should probably take a second look beyond cursory glances before accusing someone of intellectual dishonesty. 

Let me move my reply to your related comment from (2) up here.  Your accusation of Gish Galloping for asking you more than one question at a time was frankly bizarre to me and caught me completely off guard, so I was defensive when I noticed that I was asking you more than one question in that spot.  I saw it as nothing more than getting out in front of an objection that you had already made in what seemed to me to be similar circumstances (although clearly I'm missing something), and to the extent that it came off as patronizing I regret that it did so.  To the extent that it came across as aggressively slapping down an argument you could potentially have had no intention of even making ... under the circumstances (it had already happened before) I don't feel a particular need to apologize for that one. 

2.  I do not have professional expertise in 19th century English but I do have extensive familiarity with grammar, including antiquated grammar and specifically including the common usage of commas.  (Commas were much more liberally used in those days, I've noticed, compared to most contemporary writing.)  As far as I'm concerned, 19th century comma usage mostly follows the same rules as used today—two main differences being, first, that many commas are optional and they were far more commonly included; and, second, that "pause-for-breath" commas (with no other grammatical purpose) were considered correct where today I believe they are considered incorrect.  There are a few exceptions where commas were inserted back then in other places that I would consider it to be incorrect usage today, but I don't see the commas in Howard's quote to be consistent with those usages that I am familiar with.  Skipping to your "but what about the Indians" point, I think you're flat-out wrong there, since according to my argument in (3) they weren't considered to have been born in the US proper and therefore were excluded by his condition "born in the US". 

Backtracking to your other point, let me boil it down to this simple question:  if you reject my interpretation of his commas, do you have an alternative interpretation?  If so, what is it?  If not, then on what basis are you rejecting my interpretation? 

3.  I think you've completely missed my point.  The American Indians and Puerto Ricans granted citizenship by legislation were not on incorporated US territory.  That is why they were not already given citizenship by the 14th amendment.  Not all land controlled by the US is the same:  there are states, there are incorporated territories, there are unincorporated territories, and there are American Indian reservations.  The differences between these are not always trivial:  Wikipedia sez "Article III [of the Constitution] has been viewed as inapplicable to courts created in unincorporated territories outside the mainland".  Think about that:  Article III, the part that sets up the court system, doesn't apply to courts in unincorporated territories!  Surely this must convince you that it's at least plausible that there would also be differences in whether and how the amendments are applied to the same areas?  And, furthermore, wouldn't you agree that these differences in enforcement do not creep back to the states themselves?  [edit:  in other words, Article III not applying to unincorporated territories doesn't mean that the government can disregard Article III in the states.] 

If an illegal immigrant gives birth on land within an actual state of the US or in an incorporated territory, that child is certainly a citizen by virtue of the 14th amendment.  [edit:  If the same child was born on the incorporated territory of Palmyra Atoll, the same would be true.]  However, if the same child was born in the unincorporated territory of Jarvis Island, that child would not be a citizen by virtue of the 14th amendment.  If the same child was born in the unincorporated territory of Puerto Rico, it would not be a citizen by virtue of the 14th amendment, but it would be (as far as I know) by virtue of legislation passed by Congress. 

Legislation is not necessary for anyone covered by the 14th amendment.  Puerto Ricans and American Indians were not covered by the 14th amendment.  Children who are born to any parents whatsoever on the soil of an actual state (and not an American Indian reservation) of the United States, or an incorporated territory [edit:  exclusively the Palmyra Atoll, AFAIK], are covered by the 14th amendment.  For anyone covered by the 14th amendment, legislation short of constitutional amendment is legally powerless to strip them of the citizenship granted by it, and the same goes for any executive action. 

However, Congress could pass a law that babies born to illegal immigrants in Puerto Rico or on American Indian reservations are not citizens.  And it might be possible for an executive order to have some effect there, though I doubt the executive branch can legally countermand the legislative branch's explicit will in this case. 

 

1.)    1.)  But doesn’t that lead us down this strange rabbit hole?  Your perceived opinion of the supposed ‘ridiculous logical implication’ of a clause is best answered by assessing whether or not there’s merit to be found, not these types of strained questions.  I mean…I go by a pretty standard definition of said technique.  But the “tantamount to…” (in my mind) was transitioning from specious arguments to specious rhetorical questions, disregarding the quality to emphasize quantity.  Having said that, I’ll say I do rescind the “tantamount to Gish Gallop” accusation with this further consideration.  But I’m not really buying that it’s really 2 2-part questions.  The first set is just about reiterating, 2nd set has two unique demands with #4’s strangeness cluing me in on whether or not I’m demanding to assess unique cases regarding diplomatic immunity for illegals.   This is an…odd direction for the whole “cursory glance” line to take, but I’m just going to bury this and the dig here.  Least interesting part of this whole exchange. 

While I appreciate the explanation, I don’t follow the logic.  The circumstances are night and day. 

Your 1st reply from my summation of OP: Question? Question? Question? Question?

[Not ignoring two-part appeals you’ve made; just focusing on structure]

Your next reply to me regarding the Howard quote: Separate paragraph presenting argument. Question? Short contention. Question? Question? 

[Again, not ignoring 2-part appeal you make in finale]

It’s not really that hard to see.  Moving on…

2.)    2.  I figured I made my stance clear since the first comment made & 1st reply to you: strikes me more as a list.  Key factor to remember is this being a transcription (as far as I can tell).  And perhaps I’m too “poisoned” by other outside factors that I’ve stated before (such as the context surrounding it, other lawmakers deliberations such as Sen. Trumbull, and more) but I see “foreigners, aliens, [those] who…” in this respect.  I don’t want to deliberate too long on comma usage and nuances of 19th century English here except to say how odd it is to begin preliminarily with such expansive language to transition to a correction of “that is to say children of foreign dignitaries…” (paraphrase).  Oh so…you mean a whole clause of an Amendment hinges on an obscure rarity in your mind, Sen. Howard? 

Again, I’m not saying it’s not something to consider but the logical throughline doesn’t add up based on the surrounding context.  And if we’re going to have hang-ups on this quote (which I understand), I guess the only appeal comes back to this consideration:

I believe we’re both in agreement that this quote unambiguously & clearly denies children of ambassadors & foreign ministers automatic citizenship.  If there’s a specific caste of children born of parents here legally that can be denied citizenship it stands to reason such denial would apply to any children born of parents here illegally.

I’d encourage you to look up more of the deliberations surrounding this as well.

3.)    3.  What is this? I only gave a notion that it’s worth considering and simply reiterated on a previous point.  I don’t see how a reasonable poster would respond with that sort of assessment.  And I contest the premise that the grounds for which the 14th didn’t apply to them isn’t correct.  Calling back to someone I previously mentioned, Sen. Trumbell’s idea with the citizenship clause expands on what I’ve touched on:

“That [clause] means ‘subject to the complete jurisdiction thereof.’  What do we mean by ‘complete jurisdiction?’ Not owing allegiance to anyone else.  That is what it means.”

I’m glad you stressed “plausible,” which is what I suggested anyways within my previous comment (hooray for me missing the point, I guess); however, I’m certainly not going to come to those later-stated conclusions.  Whether and how the amendments applied to unincorporated territories steps into a more storied history of how the federal government began to have a more roundly-implemented immigration apparatus over time. 

Your line of reasoning for Birthright Citizenship does not hold.   

[PERSONAL NOTE: Though no guarantees, I’m not likely to respond again after this.  After oral surgery last week, I’ve had the attention span of a goldfish; hopping around between social media & game stuff like a crazed junkie (literally hours melted by surfing w/out doing anything).  So, put an emphasis on bookends.  Thanks.]

 

I can certainly understand things happening in your life that make you want to discontinue such a discussion.  So I'll try to keep it brief and won't be too disappointed if you don't respond. 

TL;DR:  I answered your post below but I might have found a question that bypasses the whole thing!  Here goes:  In addition to using the phrase "subject to the jurisdiction thereof", the 14th amendment also says no state shall "deny to any person within its jurisdiction the equal protection of the laws."  In your eyes, is a person within a state's jurisdiction, generally speaking, subject to the jurisdiction of that state? 

1.  I have to say I don't think you did go by the standard definition, which is attempting to overwhelm the opponent with so many different arguments that they can't address everything.  In the first post I asked four simple questions, some of which were clearly interrelated (thus not different arguments demanding separate counterpoints).  But you've withdrawn the claim so I guess the point is moot. 

2.  Not claiming ambassadors' children as citizens (and subjects) strikes me as a pretty important distinction to make, even if it's a small section of the population.  Also, this was widely seen as being functionally the same as the earlier act of Congress specifying "excluding Indians not taxed", with "not taxed" alluding to being part of the tribal/reservation system instead of the United States proper.  So in that interpretation this clause indeed covered a significant portion of the population. 

Your interpretation of “foreigners, aliens, [those] who…” is still not a list.  It would have to be “foreigners, aliens, [OR those] who…”.  In fact, if your position was correct, I would surmise it would be due to Howard repeating the "who" along with omitting the "or":  "persons born in the US who are foreigners, aliens, who belong to ...".  That's not to say I find this convincing.  But assuming for the sake of argument that that was the case, what distinction do you believe Howard was drawing between "foreigners" and "aliens"?  I would strongly reject a claim that Howard was giving a two part list consisting of "foreigners [i.e.] aliens" and "[those] who belong to etc." without much stronger evidence. 

Regarding Trumbull, I am not sure what records of his words you allude to, but Wikipedia seems to disagree:  "However, concerning the children born in the United States to parents who are not U.S. citizens (and not foreign diplomats), three senators, including Trumbull, as well as President Andrew Johnson, asserted that both the Civil Rights Act and the Citizenship Clause would confer citizenship on them at birth, and no senator offered a contrary opinion."  I can't square this with your implying that you are on the same page as Trumbull when you say " If there’s a specific caste of children born of parents here legally that can be denied citizenship it stands to reason such denial would apply to any children born of parents here illegally."  I presume you agree with me that illegal immigrants are generally not ambassadors.  If you come back then I would appreciate it if you directed me to the quotes you found so persuasive, assuming it wasn't merely what you stated here (see below).  If you don't, I may try to hunt it down—Wikipedia isn't perfect, though it doesn't often get black-and-white questions of simple fact wrong. 

And further regarding "complete jurisdiction", I ask you this:  in what sense does a newborn child no matter its parentage owe allegiance to a foreign country?  Does the question of whether the child is a citizen hinge on whether the foreign country lays claim to it?  Also, I would contrast your interpretation of "complete jurisdiction" against the fact that no one to my knowledge has ever tried to deny that Catholics are citizens solely on account of their allegiance to the Pope, even when anti-Catholic sentiment in this country was extremely high. 

3.  You said earlier, "So there's some interesting nuances worth considering which I appreciate [...]  But even with your statements considered, there's a simple breakdown in this:"

I took this to mean, "You have some interesting information there, but even if it's correct your position is still wrong because:  (the stuff you said)"  (Specifically I took "breakdown" to mean "this is where your argument breaks down".)

So then I naturally came back with, "no, if my interesting information was correct then the points you made don't undermine my position AT ALL because blah blah blah" 

I could believe that I misinterpreted your meaning.  If so, please let me know what you were actually trying to say with "But even with your statements considered, there's a simple breakdown in this:". 

My reasoning holds perfectly presuming the accuracy of my claims about the applicability of constitutional provisions within various types of U.S. possessions.  The point of contention seems to me to revolve around the accuracy of those claims, not the logic I applied afterwards.  If you think the logic itself deriving from "state, inc. terr.=14th yes; uninc. terr, indian land=14th no" then I've misinterpreted the situation again and please point out specifically where the logic is wrong.  If you are disagreeing with my fact claims then I would like you to elaborate on what you mean by "a more storied history of how the federal government began to have a more roundly-implemented immigration apparatus over time."

P.S.  Please note:  DACA is a complete red herring.  An infant born in Mexico and carried over the border is not the same as an infant that was born on this side of the border.  You weren't thinking this through. 

Last edited by Final-Fan - on 15 November 2018

Tag (courtesy of fkusumot): "Please feel free -- nay, I encourage you -- to offer rebuttal."
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My advice to fanboys: Brag about stuff that's true, not about stuff that's false. Predict stuff that's likely, not stuff that's unlikely. You will be happier, and we will be happier.

"Everyone is entitled to his own opinion, but not his own facts." - Sen. Pat Moynihan
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The old smileys: ; - ) : - ) : - ( : - P : - D : - # ( c ) ( k ) ( y ) If anyone knows the shortcut for , let me know!
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I have the most epic death scene ever in VGChartz Mafia.  Thanks WordsofWisdom! 

The following is violating the "keep it short" rule that I tried—but, let's be honest, failed—to abide by earlier. But whenever you are feeling up to it in the future, I'm actually increasingly interested in what led you to have these thoughts about Sen. Trumbull: "And perhaps I’m too “poisoned” by other outside factors that I’ve stated before (such as the context surrounding it, other lawmakers deliberations such as Sen. Trumbull, and more) but I see “foreigners, aliens, [those] who…” in this respect."

As it happens, I came across a very interesting law journal article on the topic of Trumbull's work on the Civil Rights Act of 1866, which is widely seen as being equivalent in intent to the 14th Amendment regarding birthright citizenship, including in the views of the members of Congress at that time. (Most, certainly; all, as far as I am aware.)

Trumbull wrote of the bill, "The Bill declares 'all persons' born of parents domiciled in the United States, except untaxed Indians, to be citizens of the United States."

And what does "domiciled" mean, exactly? The article explains in detail. Two quotes that together work as a summary follow:
"In Justice Story's words, domicile is "where [a person] has his true, fixed, permanent home ... to which, whenever he is absent, he has the intention of returning"; it is "that place ...in which [a person's] habitation is fixed, without any present intention of moving therefrom."
"Judges evaluating domicile thus asked two questions. First, is a person living in a particular place? Second, does the evidence suggest he or she intends to keep living there indefinitely? If both answers were yes, then the person had domicile in that place."
(A consensual relationship between that person and the government of that place was not required or relevant to the question of domicile. But please note that ambassadors would not be expected to view their embassy as their "true, fixed, permanent home" as I would interpret the phrase.)
[edit:  forgot the link.]

[edit:  I have a confession:  I wrote up the above before I'd finished the article.  Here's Trumbull talking about the actual Amendment itself:  Does the Government of the United States pretend to take jurisdiction of murders and robberies and other crimes committed by one Indian upon another? Are they subject to our jurisdiction in any just sense? They are not subject to our jurisdiction. We do not exercise jurisdiction over them. It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens. 

[I like to imagine he then dropped a mic, because I honestly see that as pretty damn conclusive that Trumbull saw "subject to the jurisdiction thereof" in the same way I interpret it, though I'd be very, very interested to hear why you still disagree, if you do still disagree, when you have the time and concentration to spend on it.]

Last edited by Final-Fan - on 15 November 2018

Tag (courtesy of fkusumot): "Please feel free -- nay, I encourage you -- to offer rebuttal."
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
My advice to fanboys: Brag about stuff that's true, not about stuff that's false. Predict stuff that's likely, not stuff that's unlikely. You will be happier, and we will be happier.

"Everyone is entitled to his own opinion, but not his own facts." - Sen. Pat Moynihan
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The old smileys: ; - ) : - ) : - ( : - P : - D : - # ( c ) ( k ) ( y ) If anyone knows the shortcut for , let me know!
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I have the most epic death scene ever in VGChartz Mafia.  Thanks WordsofWisdom!