Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LeftInTX

(34,250 posts)
19. Going down a rabbit hole, I also saw this:
Sun Mar 29, 2026, 04:52 PM
Yesterday

Snips of immigration laws

§1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
...........................

(June 27, 1952, ch. 477, title III, ch. 1, §301, 66 Stat. 235 ; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322 ; Pub. L. 92–584, §§1, 3, Oct. 27, 1972, 86 Stat. 1289 ; Pub. L. 95–432, §§1, 3, Oct. 10, 1978, 92 Stat. 1046 ; Pub. L. 99–653, §12, Nov. 14, 1986, 100 Stat. 3657 ; Pub. L. 103–416, title I, §101(a), Oct. 25, 1994, 108 Stat. 4306 .)

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim


It's an accumulation of laws passed in the 20th century. Since the law was passed, children born in the US were automatically granted US citizenship. Hence "subject to the jurisdiction thereof" was interpretted by congress and agencies in 1940 to simply mean those born here, and the exclusion would have been those who born to diplomats of foreign countries who were not "subject to the jurisdiction".

So it appears that Trump is trying to change a law, or how congress worded a law that it created or how they interpreted a law they created and how they implemented law they created based on their intentions at the time. The law's intent reflects it's long standing [b]implementation.[/b]

How they implemented the law was based on their intention.
Although, Trump can go "word salad" on "jurisdiction of" in the 14 amendment to the constitution, which is subjective to interpretation, Trump can't overturn long standing statutes via EO.....

I hope not, other wise, he can overturn any law via EO...

https://today.westlaw.com/Document/I6f209445294e11f18650b90c05b8b24a/View/FullText.html?transitionType=CategoryPageItem&contextData=(sc.Default)&firstPage=true

Recommendations

0 members have recommended this reply (displayed in chronological order):

We do not have the "best and the brightest" on our SCOTUS. MLWR Yesterday #1
Yeah. Unfortunately... GB_RN Yesterday #2
They're trying to enable the crafting of arguments to back up Trump's request. ChicagoTeamster Yesterday #4
I know this is simplistic but we are all birthright citizens Srkdqltr Yesterday #3
Insanity. This is settled law, even written into our Constitution specifically as an Amendment. Midnight Writer Yesterday #5
Excellent comment! WestMichRad Yesterday #9
It makes me wonder what is Kavanaugh's real position on this issue? FakeNoose Yesterday #6
Damn, that's foul cause Dan Yesterday #15
Yes, those are called "anchor babies" and it has been going on for a long time FakeNoose 3 hrs ago #36
I didn't know he asked those questions. It's good that he asked them. LeftInTX Yesterday #17
The Confederacy renounced their US citizenship by seceding. All of their descendants lost their birthright citizenship ChicagoTeamster Yesterday #7
PLEASE, PLEASE Understand what EOs are and what they are not Bluetus Yesterday #8
That is how it is SUPPOSED to work BumRushDaShow Yesterday #11
We have to make it more difficult for Roberts Bluetus Yesterday #14
We went through that exercise his first term BumRushDaShow Yesterday #20
I am perfectly aware we don't control the GOP, the SCOTUS or the legacy media Bluetus Yesterday #25
"It is crazy to just sit back and accept this. WE must do our part." BumRushDaShow 15 hrs ago #30
Going down a rabbit hole, I also saw this: LeftInTX Yesterday #19
The below is the argument they are apparently going to try to use - BumRushDaShow Yesterday #21
They used that arguement last year LeftInTX Yesterday #22
As long as the SCOTUS keeps refusing stays on the illegal E.O.s BumRushDaShow Yesterday #24
Has the SCOTUS allowed any of the bogus EOs to stand permanently? Bluetus Yesterday #26
Remember that we are ONLY just over a year into this term BumRushDaShow 15 hrs ago #31
I'm sure the SCOTUS is all about helping Trump with his agenda Bluetus 13 hrs ago #32
I agree with what you wrote and in particular BumRushDaShow 11 hrs ago #33
Considering that 2700 pages is just a little more than 5 reams of papper. Bluetus 7 hrs ago #35
I seriously doubt, Bayard Yesterday #10
"Or any other white baby" .... Would Trump /Roberts bring back the 'one drop' rule of race determination? Norrrm Yesterday #27
Easy peasy WestMichRad Yesterday #28
If birthright citizenship is dropped Old Crank Yesterday #12
As is plainly clear, "What then ?" is not a familiar question to this WH. Shoot first, ask questions later, think never. eppur_se_muova Yesterday #13
Donald should prove that he is serious - and there is a way Dan Yesterday #16
The Supreme Court fight does not threaten chaos. The administration's suit threatens chaos. Martin68 Yesterday #18
Bureaucratic nightmare Mz Pip Yesterday #23
Trump's perfect judge... Roland Freisler... original citizenship could be revoked Norrrm Yesterday #29
'Alarm bells' ring as Trump resurrects racist arguments in major legal case: experts LetMyPeopleVote 8 hrs ago #34
Latest Discussions»Latest Breaking News»Supreme Court fight over ...»Reply #19