The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Friday, August 21, 2015

Donald Trump has a six page immigration policy plan

Apparently.

NR doesn't like it, oh, surprise.

I note, contra NR, that the fact that a constitutional amendment ending birthright citizenship is very unlikely to be ratified is not a reason to fault Trump for supporting it.

The same is true of a limited human life amendment that would guarantee the states and the federal government an unqualified right to criminalize or in any other manner regulate late term abortions - essentially, abortions of any fetus that looks like a baby.

As to Ann Coulter, she and others, including many lawyers and judges, mistake the purpose of a law for the law itself.

AC

What the 14th Amendment actually says about who is a citizen is exactly one sentence.

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.

Diplomats, their progeny, Indians, and some others are not "subject to the jurisdiction thereof."

On the other hand, it is doubtful that immigrants, legal or not, or their children enjoy either diplomatic immunity or sovereign immunity on tribal reservations of their own.

Interestingly, the 14th does not say that only persons born or naturalized in the US and subject to the jurisdiction thereof are citizens.

But neither it nor any other part of the constitution grants to Congress or anyone else the authority to decide who else is a citizen, though it grants the federal government the power to set the conditions of naturalization in Article I, Section 8, clause 4.

Nor the does constitution itself anywhere say who else is a citizen.

Was deciding who is a citizen supposed, in the pre-Civil War and pre-liberal baloney understanding of the constitution, to be among the powers reserved to the states?

And how is the 1924 federal law granting citizenship to Indians constitutional?

Not that I mind Indians being citizens.

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