Subject: Re: Birthright citizenship
Lapsody/Lamburgini,

Stop filtering all information through your political and cognitive bias and try to start looking at issues by searching for possible weaknesses in them. Otherwise, you're just engaging in confirmation bias, not analysis.

The Ark case, which is the only Supreme Court precedent on this issue, specifically only addressed children born in the U.S. to non-citizens who were in the country LEGALLY.

It did not address the citizenship status of children born into the United States of non-citizen parents who are in the country ILLEGALLY.

So that's issue one that the Supreme Court needs to address. It's never been decided.

Issue 2 is the precise meaning of the 14th Amendment. There are TWO requirements listed, not just one:

1) people born in the United States "AND" 2) "subject to the jurisdiction" thereof.

In legal analysis, there is a very well accepted general principle that "surplusage" i.e. completely unnecessary or redundant language will not be assumed. Where two clauses or requirements are separated by "AND" the presumption is that it is a conjunctive clause--meaning that the legal presumption is that there are 2 separate requirements, not just one that is redundantly repeated using different language.

On that basis, there is a legitimate case for the Supreme Court to take this case and answer these questions.

Third issue is what "subject to the jurisdiction of" actually means in this context. Does it simply mean physical presence in the territory of the United States?

If being born in the United States automatically means that you are subject to the jurisdiction of the United States, why even include the second clause? It wasn't necessary, they could have taken it out entirely.

Saying that these questions need to be answered is not the same thing as saying Trump will win.

Stop parroting propaganda and start actually thinking.

Even if you wind up coming to the same conclusions you already believe in the first place, you will have a better understanding of why other people might have a different viewpoint--they aren't just Nazi Maga fascists--and from a practical sense, you will have a much better ability to debate and rebut those positions you disagree with.

It is called having a brain. Try it.