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samiwami 13 hours ago

it’s a cut and dry constitutional amendment, it doesn’t matter if Thomas thinks the people that were in mind when it was drafted are not the same people it applies to now. if they want to change it, go ahead and get the states to ratify a new amendment.

Supreme Court doesn’t get to throw out an amendment because it’s old.

padjo 8 hours ago | parent | next [-]

The funny thing is I bet ending birthright citizenship is an amendment that could actually be passed. You don't have to be a virulent racist to think the context has changed when you can get almost anywhere in the world in about 24 hours.

(I'm not sure where I stand on it but I can at least see an argument for revisiting the question)

buellerbueller an hour ago | parent [-]

passed, over the objections of a majority of the country due to how states are gerrymandered and the specific rules for ratifying amendments.

andrewla 2 hours ago | parent | prev | next [-]

I'm guessing that you did not actually read his dissent.

Far from agreeing with the Trump administration; his view would effectively end birth tourism but preserve birthright citizenship (and maybe even stronger) for the children of non-citizens, legal or otherwise, who are domiciled in the US.

As for it being cut and dry, do you earnestly believe that "and subject to its jurisdiction" is cut and dry? You might have your view, you might have some historical receipts for it, others have other views, and historical receipts, and others rely on common law readings. There's no single unambiguous interpretation of this phrase. Thomas's dissent is well reasoned and has ample historical antecedents and if adopted would have been the best possible interpretation.

airstrike 2 hours ago | parent [-]

Subject to its jurisdiction is pretty cleanly meant to mean paying taxes and obeying laws enforced upon them, which I concede could mean one is subject to multiple jurisdictions but it is not necessary to be subject to only one.

andrewla an hour ago | parent [-]

"Paying taxes" cannot be an important part of this. At the time this amendment was passed, income taxes not only did not exist, but were also unconstitutional.

knorker 9 hours ago | parent | prev | next [-]

It was one vote away from going Thomas's way, so I wouldn't say it doesn't matter what he thinks.

As a non-american, I would have enjoyed the precedent that the logical conclusion had to be that I would not be subject to the laws of the US, when visiting.

The Thomas interpretation must logically have given diplomatic immunity to anyone on an ESTA too.

enraged_camel 13 hours ago | parent | prev [-]

It's also amusing that you won't ever hear conservatives like Thomas making the same argument when it comes to, say, the 2nd amendment.

andrewla an hour ago | parent | next [-]

You also won't find Thomas making this argument for birthright citizenship because he didn't make that argument for birthright citizenship. The post you are replying to is incorrect, this was not his argument.

bradhe 9 hours ago | parent | prev [-]

I was just thinking the same thing lol. 2A is such a divisive topic.