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Tag Archives: 14th Amendment

Ahistorical boob, part the infinity

06 Monday Jul 2026

Posted by Michael Bersin in Congress, Mark Alford, social media

≈ Leave a comment

Tags

14th Amendment, 4th Congressional District, Birthright citizenship, Fascist pig, former newsreader, MAGA, Mark Alford, right wingnut, sycophant, that ridiculous hat, Trump sycophant

Mark Alford (r) [2025 file photo].

Oh, for fuck’s sake.

Today:

Congressman Mark Alford
[July 6, 2026]

Folks, the 14th Amendment was meant to correct Dred Scott and guarantee citizenship to freed slaves—not to create a system that can be exploited today.
It’s on us to fix the law, clarify its intent, & make sure it reflects the reality America is facing now!
[….]

“Only You Can Prevent Fascist Liars”
(2025)
Posterboard. Permanent marker, acrylic. 22 x 28.

As usual, there was much hilarity in the responses:

Draft an amendment and let’s take a look at it.
Question if the only way to become a citizen is to be born with at least one parent who is a US citizen. How does a parent prove they are a citizen?
They cannot just say I have a birth certificate that, according to you, does not grant them citizenship.

I have wondered the same thing. If a birth certificate is not proof of citizenship and no current method to establish citizenship for anyone exists beyond the birth certificate, then the only people who are citizens are those who have gone through the naturalization process.

Or possess a GOP membership card

Or pay cash to the grifter-in-chief.

I do not think when things start happening even that will save a lot of people. Most of my family came to this country before it was a country. Only those whose family came to this country after 1880 and were naturalized would possibly be able to prove their ancestors were naturalized.

take away citizenship of all Trump kids except Tiffany

By that same logic, 2nd amendment was meant for muskets, not machine guns.

don’t try logic on these people. Only fear and nonsense clears their cerebral cortex.

they’re gonna get bodied in November and they know it. They’re just scared and trying to cheat everything and stir all of the idiots up at this point.

Only muskets, Mark. Is that want you’re saying? So, with that we just need to fix it with legislation? You’re on board for that now?

You’re offering a Constitutional amendment?

Be nice, he doesn’t know what that is.

Congressman Mark Alford, your constituents expect you to work on legislation that is meaningful in their lives, not rebelling against SCOTUS decisions that are not pleasing to Republicans.
How are we doing on the cost of housing and groceries? Where are we on healthcare solutions? What about Congress resuming its role as a check on the executive branch exceeding its authority? You know, some fundamental expectations that line up with your oath.

Bold move, opening with Dred Scott. That is a bit like steering toward the iceberg because you have heard the water is warmer on the far side. The comparison does arrive somewhere, Congressman. It simply does not arrive where you have parked.
The 14th Amendment did correct Dred Scott, and it did so with a sentence so unhelpfully clear that no amount of squinting improves it: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” Ratified 1868. Available to read at the National Archives for no money whatsoever, which is roughly what it will cost you to make it say something else. It reads the same on every refresh. This is not a bug. Sentences are like that.
The genuinely awkward part, the part that tends to spoil an otherwise promising banner, is that the people who wrote it anticipated you. On the Senate floor, Jacob Howard and Lyman Trumbull went to the trouble of listing precisely who “subject to the jurisdiction thereof” leaves out: foreign diplomats and hostile occupying armies. That was the entire list. Two entries. Both of them fully grown, neither of them a baby. It is the sort of list a person makes when he wishes to be understood and has an unsettling suspicion that someone, someday, will pretend not to.
And should a helpful soul in your comments produce the “allegiance, not mere presence” theory with the triumphant air of a man discovering fire, that particular fire was already put out. It went to the Supreme Court in United States v. Wong Kim Ark in 1898 and lost, and it has gone on losing, quietly and continuously, for 128 years. This is an impressive record. Most things do not stay wrong that reliably without funding.
So the document is not, as you suggest, “a system that can be exploited.” It is a system behaving exactly as designed, which is a thing systems are generally praised for and only rarely denounced from behind a microphone. What you are calling an exploit, its authors called the whole idea. “It’s on us to fix the law” is a marvelously roomy phrase, into which one can fit the words “override a Reconstruction amendment because it has become inconvenient in an election year” without anyone noticing the join. There is an honest way to attempt this. It is called Article V. The framers, those originalists of whom you are so publicly fond, made it deliberately, almost theatrically difficult, two thirds of Congress and three quarters of the states, for the express purpose of ensuring that a constitutional birthright could not be quietly deleted by a gentleman in a lapel pin standing in front of a sign reading “Celebrating 250 Years of American Greatness.” The greatness on the sign includes the amendment. You are standing in front of it, on camera, attempting to edit it out of the celebration it is headlining.
There is a fish in The Hitchhiker’s Guide to the Galaxy, the Babel fish, which by removing every barrier to communication “has caused more and bloodier wars than anything else in the history of creation.” Rewriting citizenship by press event runs on the identical engine. The sentence does not become unsettled. Everyone else does. You do not get the tidy country you are picturing. You get several generations shouting at one another over the correct translation of a passage that was never mistranslated, which is a remarkable quantity of effort to pour into a problem you have gone to real trouble to invent.
Somewhere in this there is a man insisting he does not want the plain reading everyone else is holding. To borrow from the Soggy Bottom songbook by way of O Brother, Where Art Thou?, you appear to be a Dapper Dan man in a Fop nation, and no amount of hollering at the shelf restocks it with the pomade you would prefer. The 14th is what is on the shelf. It has been in stock since 1868.
And the plan, honestly, could not be simpler. Take the Amendment. Read it to the end. Mean what it says. Leave it alone. Have a nice cold pint, and wait for all this to blow over. It was handed to us in 1868, it is shorter than the average banner, and it asks very little of anyone. People simply keep declining to manage the first part.
Wanting the Constitution to say something else does not change what it says. Go check. We will be right here, not going anywhere, in the reassuring manner of a fact.

Here’s an idea Mark…you took an oath to preserve, protect and defend the Constitution. You have failed miserably. You don’t have the votes to overturn this Constitutional Amendment 14. Bad mouthing it isn’t preserving, protecting or defending the Constitution. You are a sad excuse for a state representative. Start looking for a new job.

I know Mark and his “ aides” won’t read this but thanks for attempting to get through to him with facts and actual history. Sadly facts are an anathema to the current administration, the GOP congress and their MAGA supporters. Bravo for trying.

It may have been a part of reconstruction after the war, but it doesn’t say it only grants that right to black people.
From the National Archives:
Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
Another equally important provision was the statement that “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The right to due process of law and equal protection of the law now applied to both the federal and state governments.

The IDIOT speaks again. NO original thought, just repeating the ramblings of a corrupt felon and pedophile with DEMENTIA.

Apparently the constitution is like the bible. Everyone’s interpretation is different and cherrypick the parts you like

Mark, I’m one of your constituents. Can you focus on anything that will help actual, average Missourians instead of woefully and willfully misreading the constitution?

The language says “ all PERSONS…. “ it did not specify freed slaves or otherwise.

The text is clear. Scotus got it correct. How did this guy get elected?

A sitting congressman is telling you he want to change the constitution without the constitutional process. Believe him. If they can change the 14th, what else will they take away?

Lil Markie Allfraud. Who gave you your talking points? You are incapable of critical thinking as you are nothing more than a run of the mill feckless Muskrumpian shill who supports and embraces the sexual predation of women and children and a 34 times convicted felon. Quit pretending you understand something about American history…you don’t.

Fuck you mark
You are a Fuckin traitor

Damn Mark. I thought the SCOTUS already explained that one to you. You really need better staff. They missed that memo!! Lmfao

Jeeeezzzzzzz get that guy some more koolaid.

Orange?

So you waited 100 years to decide this?
Now review the second amendment, which only covered muzzle-loading muskets.

The 13th Amendment ended slavery and any problem with Dred Scott!

Funny how the 14th amendment wasn’t an issue until trump. Now many Republicans are trying to justify trump’s position.

In other words, “take one more step towards a country that is exactly opposite of the Lady Liberty’s tablet says.”

A little history lesson for anyone claiming that birthright citizenship was only meant for the children of former slaves.
When Congress debated the 14th Amendment in 1866, the authors of the Citizenship Clause didn’t say it applied only to freed slaves. They wrote:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens…”
Senator Jacob Howard (pictured), who introduced the language, specifically listed the exceptions: children of foreign diplomats, children of enemy occupiers, and certain Native Americans who were considered members of sovereign tribes at the time.
Notice who he did not mention: immigrants or undocumented immigrants.
In fact, Senator Edgar Cowan of Pennsylvania objected to the amendment precisely because he understood it would make the U.S.-born children of Chinese immigrants and others citizens. He warned that it would grant citizenship to groups he didn’t want becoming Americans.
The amendment’s supporters didn’t respond by saying, “No, you’ve got it wrong. This only applies to former slaves.” They let his objection stand because he understood exactly what the language meant.
If the framers intended to exclude the children of immigrants, that debate was the perfect opportunity to say so. They didn’t.
The historical record is clear: the purpose of the 14th Amendment was to guarantee citizenship for freed slaves, but the language they chose was intentionally broader—citizenship for nearly everyone born on American soil, with only a few narrow exceptions that were openly discussed and specifically identified.
You don’t have to like birthright citizenship as a policy. But claiming it was never intended to apply to the children of immigrants isn’t supported by the actual congressional debates.

The 14th amendment was ratified in 1868 and only 30 years later in 1898 it was addressed in the Supreme Court. There is no doubt of the intent then, as the writers of the amendment were alive at the time to ask. You sit here Mark, 128 years later, making the same arguments that were already proven wrong. You claim to be a conservative while changing actual history and spirit of our laws.

Maybe the Congressman can tell me where in the 14th Amendment the words Slave, Slavery, or involuntary servitude are located. He can’t because the words are no there.

Congressman Mark Alford how did you make out in this weekend stock market manipulation?

Kool-Aid pusher.

Orange!

White christian nationalist at work.

Hey Alford, remember when you whined and cried about TikTok? Your idiot thinks he is number one. You are pathetic

Alford, you are SO WRONG.

If you hate our constitution, then you hate this country for which it stands. I’m tired of these Dixiecrats calling themselves Republicans. You have ruined Lincoln’s party. That’s the only thing you have accomplished.

You just got your arse handed to you in these comments. Why now 126 years later? I wish you would answer some of these questions.

Buying into racism Mark…yep, I already knew that. You’re despicable. Another grimy politician trying desperately to pick his constituents.

Yeah, excuse me if I don’t take the word of a white religious bigot dark money donor dick sucker for my historical take on the “purpose” of actions I wasn’t there to observe. Even if I was, and he was right, this activated hatred isn’t right and cannot stand.

This is why we need to elect people that are smarter than a dog and understand how government works and maybe require them reading the constitution…

Wow, so you flunked American Government in school????

Do any Republicans ever have an original thought? The majority of us came from somewhere else through family members, who was the anchor baby in your family Mark?

JESUS!!!! When can I vote you out?

In addition to Mark being an idiot, he’s also a coward and bootlicker … he should be ashamed

The 14th amendment is clear. You’re just a bigot.

Still butthurt over the scotus ruling sleepy mark? Well keep crying about it with your head up trumps ass but guess what you arent going to repeal the 14th amendment.

So. In writing you cease to uphold and defend the constitution of the United States. You renounce your oath of office.When can we get your replacement in your office?

Alford you’re a disgrace and an embarrassment to Missouri. You don’t know what the fuck you’re talking about.

Meanwhile, let’s cut Medicaid, let’s defund schools, let’s watch climate change burn and flood our nation. Anchor babies aren’t a threat. Do something that matters while you can.

You are a fucking nazi mark. Learn to read

Mark…where do you in that tiny brain think you can ‘fix the law’. Your party is the most unconstitutional group of people around. I have never seen anyone more willing to change the Constitution of the United States than you. If it doesn’t benefit you then you’ll just change it. For years you have said the Democrats are going to take away your guns and the 2nd A. But I guess that’s totally different isn’t it? How many more days until you are gone. The countdown is on.

God Damn Missouri, can’t you do better than this pile of dogshit?

You are embarrassing

You are a lying little bitch, Mark.
Your allegiance to Trump and MAGA over the US Constitution YOU SWORE AN OATH TO is obvious to anyone who gives a shit about it.

You are an idiot!

Mark how did you get your citizenship?
Mark how did your family get here???
When the pendulum swings the other way Mark, do we need to look into how your family got here?You might all have to go back.

Gee, Mark—Don’t you think they would have explicitly restricted it to slavery in the wording of the amendment, if that was the only interpretation? The application to slavery and the Dred Scott ruling were great examples of how easily non-dominant groups could be discriminated against and denied rights. Nowhere does the amendment say it’s only pertinent to those two restrictions. Keep barking like a seal for your guy.

LIAR!! You couldn’t understand the Why, much less explain the Why to anyone. Doubt you where even aware of What the 14th Amendment was until your decomposing orange pustule was directed to bring it up.
You would have opposed it 1868 you ignorant racist pig.

Mark Alford (r) [2022 file photo].

Joseph Alito (r) shits the bed, and then doesn’t leave

30 Tuesday Jun 2026

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

14th Amendment, as useless as tits on a bull, Birthright citizenship, Brett Kavanaugh, Clarence Thomas, Fascist pigs, Joseph Alito, Neil Gorsuch, right wingnuts, U.S. Supreme Court

This morning, DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., PETITIONERS v. BARBARA, ET AL. (2026):

[….]

JUSTICE ALITO, dissenting.

This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a serious mistake. As interpreted by the Court today, the Fourteenth Amendment confers citizenship on virtually everyone who happens to be born in this country, including the children of “birth tourists,” women who come here solely for the purpose of giving birth to a child and then promptly return home. Careful analysis of the text of the Fourteenth Amendment and the process that led to its adoption shows that it does not degrade the concept of United States citizenship in this way. Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.

[….]

Clarence Thomas (r) vomits 91 pages:

[….]

JUSTICE THOMAS, with whom JUSTICE GORSUCH joins, dissenting.

This Court’s decision in Dred Scott v. Sandford, 19 How. 393 (1857), would have permanently denied citizenship to blacks as “a subordinate and inferior class.” Id., at 404–405. After the Civil War, the Reconstruction Congress overruled Dred Scott, first with the Civil Rights Act of 1866, then with the Citizenship Clause of the Fourteenth Amendment. Both the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race. Neither guaranteed citizenship to persons who were not domiciled in the United States.

[….]

Meanwhile, the Court has repurposed the Fourteenth Amendment to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text. Today, the Court does so again by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens.

[….]

“Birth tourists”? Is that like “Einstein Visas”? Just asking. Or maybe ask Melania?

“No Human Being is Illegal”

Just throwing shit against the wall:

[….]

JUSTICE KAVANAUGH, concurring in the judgment and dissenting in part.

Executive Order No. 14160 establishes new exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. 90 Fed. Reg. 8449 (2025). The Court today holds that the Order violates the Fourteenth Amendment to the Constitution. I respectfully
disagree with the Court’s constitutional holding. In my view, the Executive Order does not violate the Fourteenth Amendment. But the Order does contravene a federal statute, 8 U. S. C. §1401(a). Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.

[….]

Hey, Squee wants to know where the post-term party is!

The reviews are in:

jesse ‪@jesseltaylor.bsky.social‬

my god, birthright citizenship was 6-3, with alito, gorsuch, and thomas dissenting, and kavanaugh dissenting as to whether the 14th amendment provides birthright citizenship

the plain language of the 14th amendment survives by one vote

9:36 AM · Jun 30, 2026

Stephen Nuñez ‪@socio-steve.bsky.social‬

Resolved: “the Constitution includes the words that are unambiguously written in the 14th amendment, which is part of the Constitution”

5-4

9:43 AM · Jun 30, 2026

Mark Joseph Stern ‪@mjsdc.bsky.social‬

Donald Trump came one vote away from getting the Supreme Court to say that the 14th Amendment does not guarantee birthright citizenship for the children of undocumented and temporary immigrants, a view held only by fringe far-right nativists until VERY recently. This is shocking. I am stunned.

9:43 AM · Jun 30, 2026

ElieNYC ‪@elienyc.bsky.social‬

With this ruling, the birthright issue is not going away. The right hasn’t really begun *organizing* around getting rid of the citizenship clause. Like Roe, this will be their fight for a generation. And if the Democrats just say “we won” and ignore it, like Roe, the Republicans will eventually win.

9:43 AM · Jun 30, 2026

Moira Donegan ‪@moiradonegan.bsky.social‬

Among other things, a 5-4 ruling on birthright citizenship is an invitation to try again.

10:00 AM · Jun 30, 2026

Hey, Joseph Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas, Brett Kavanaugh:

“Resolved: “the Constitution includes the words that are unambiguously written in the 14th amendment, which is part of the Constitution’

5-4”

Law
Editor’s note: NPR retracts Justice Samuel Alito story
June 30, 2026 10:51 AM ET
By NPR Staff

Editor’s note: Earlier today, we erroneously published a story saying that Supreme Court Justice Samuel Alito was retiring. Neither Alito nor the court’s public information office has announced his retirement, and we have retracted the story.

So, it’s a wash.

L’État, c’est moi

12 Saturday Jul 2025

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

14th Amendment, Birthright citizenship, Donald Trump, dumbass, Fascist pig, No King, Rosie O'Donnell, social media

This morning:

Donald J. Trump @realDonaldTrump

Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship. She is a Threat to Humanity, and should remain in the wonderful Country of Ireland, if they want her. GOD BLESS AMERICA!

11.3k ReTruths 56.3k Likes Jul 12, 2025, 8:42 AM

“…She is a Threat to Humanity…”

…Rosie O’Donnell was born Roseann O’Donnell in Commack, New York on March 21, 1962…

14th Amendment, Donald.

What a dumbass.

“No King”

μολὼν λαβέ

01 Tuesday Jul 2025

Posted by Michael Bersin in Uncategorized

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Tags

14th Amendment, Birthright citizenship, Come and take it, Constitution, Donald Trump, Fascist pig, Fuck Trump, immigration, right wingnut

Today, more verbal diarrhea from Donald Trump (r):

Aaron Rupar ‪@atrupar.com‬

Trump calls for deporting US citizens: “We also have a lot of bad people that have been here for a long time … many of them were born in our country. I think we ought to get them the hell out of here too, if you want to know the truth. So maybe that’ll be the next job.”

[….]

July 1, 2025 at 11:32 AM

“…a lttle controversial, but I couldn’t care less. Uh, we have a lot of bad criminals that came into the, uh, into the, this country. And they came in stupidly, it was an unforced error. It was, uh, an incompetent president that allowed it to happen. It was an autopen, maybe, that allowed it to happen.

And it did happen. But we also have a lot of bad people that have been here for a long time. People that whack people over the head with a baseball bat from behind when they’re not looking and kill ’em. People that, uh, knife you when you’re walking down the street. They’re not, they’re not new to our country. They’re old to our country. Many of ’em were born in our country. I think we ought to get them the hell out of here, too, you want to know the truth.

So maybe that’ll be the next job that we’ll work on together. But, I think getting them out, you know, we forget about them. We have some very bad, we had some bad accidents in New York, and they’re not accidents…”

Come and take it.

Yeah, that guy

27 Friday Jun 2025

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

14th Amendment, Fascist pigs, social media, Trump, U.S. Supreme Court

Donald J. Trump @realDonaldTrump

GIANT WIN in the United States Supreme Court! Even the Birthright Citizenship Hoax has been, indirectly, hit hard. It had to do with the babies of slaves (same year!), not the SCAMMING of our Immigration process. Congratulations to Attorney General Pam Bondi, Solicitor General John Sauer, and the entire DOJ. News Conference at the White House, 11:30 A.M. EST.

9.18k ReTruths 39k Likes Jun 27, 2025, 9:52 AM

Previously:

Mike Pence (r) – servile sycophant (October 30, 2018)

Your papers (November 10, 2024)

Eric Schmitt (r), Fascist toady (January 22, 2025)

Crazy old man shouts at clouds

16 Friday May 2025

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

14th Amendment, Birthright citizenship, Donald Trump, Fascist pig, immigration, social media, Supreme Court

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check. Conviction. Check.

This morning:

Donald J. Trump @realDonaldTrump

THE SUPREME COURT IS BEING PLAYED BY THE RADICAL LEFT LOSERS, WHO HAVE NO SUPPORT, THE PUBLIC HATES THEM, AND THEIR ONLY HOPE IS THE INTIMIDATION OF THE COURT, ITSELF. WE CAN’T LET THAT HAPPEN TO OUR COUNTRY!

474 ReTruths 1.77k Likes May 16, 2025, 8:35 AM

All caps is the Internet equivalent of shouting.

A few steps behind

01 Saturday Feb 2025

Posted by Michael Bersin in Congress

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Tags

14th Amendment, 7th Congressional District, abortion, Donald Trump, Eric Burlison, HR 722, missouri, right wingnut, sycophant, women's health care, women's reproductive health

And a few scoops short of a full bucket.

Eric Burlison (r) [2016 file photo].

Introduced by Eric Burlison (r) on January 24, 2025:

H.R.722 – To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
119th Congress (2025-2026)

Sponsor: Rep. Burlison, Eric [R-MO-7] (Introduced 01/24/2025)
Committees: House – Judiciary
Latest Action: House – 01/24/2025 Referred to the House Committee on the Judiciary.
[….]

Wait, didn’t Donald Trump (r) just tell us that the 14th Amendment doesn’t mean shit?

Eric Schmitt (r), Fascist toady

22 Wednesday Jan 2025

Posted by Michael Bersin in Eric Schmitt, social media, US Senate

≈ 1 Comment

Tags

14th Amendment, Eric Schmitt, Fascist pig, Fascist toady, missouri, right wingnut, social media, sycophant

“…These considerations confirm the view, already expressed in this opinion, that the opening sentence of the Fourteenth Amendment is throughout affirmative and declaratory, intended to allay doubts and to settle controversies which had arisen, and not to impose any new restrictions upon citizenship…”

Eric Schmitt (r) [2024 file photo].

Yesterday:

Eric Schmitt
[Januray 21, 2024]
The citizenship clause of the 14th Amendment was meant to address the Dred Scott case & extend citizenship to all races. It was not intended to give citizenship to “anchor babies” or illegals. Even Harry Reid admitted this. Biden’s open border crisis now requires us to speak more clearly about the constitution. President Trump is right to clarify.
[….]

Some of the responses:

And yet it says, “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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The first sentence is clear and birthright citizen ship was common law prior to this Amendment. After the 14th Amendment, the Civil Rights Law of 1866 used this language as well. It seems likely that to change it would be by another Amendment., a complex process no matter how you do it.

[….] so MAGA has decided that they can destroy the 14th Amendment by claiming it was ONLY meant to reverse Dred Scott and Clause 1 is now unconstitutional. MAGA lives in abject terror of brown people

[….] it makes no mention of Dred Scott. I am sure the MAGA Supreme Court will decide that Clause 1 of the 14th amendment is unconstitutional. The already decided the women have no right to medical care and forced pregnancies are legal and the 1st half of the 2nd amendment is unconstitutional.

DONALD TRUMP IS THE WORST PRESIDENT IN AMERICAN HISTORY, YOU GUYS ARE DUMB TOO.

Bigots being bigots

[….] you are okay with american citizens being stripped of their citizenship and sent to a country they have never been to?

What exactly are we afraid of here? Is this going to help with the cost of groceries? If you are cutting down on the border crossings, this should not be that big of a problem. Can we focus where Americans are actually hurting

[….] No we will focus on respect for the rule of law because we have principles and morals.
Why does that make you afraid?

Written without any sense of irony.

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check. Conviction. Check.

“Rule of law.” Heh.

[….] Trump has already said he can’t lower grocery prices. This is a diversion tactic designed to keep the xenophobic MAGA riled up.

Trump has already said he can’t lower grocery prices. This is a diversion tactic designed to keep the xenophobic MAGA riled up.

Yeah, with your nonsensical legal opinions. You traded in any legal accolades you had,long ago, to instead be a partisan hack. As proven by the millions of $$$ you wasted as our state Attorney General with all the nonsense lawsuits that got shut down by the court. Republican courts even!

An executive order cannot amend the Constitution.
Try again Counselor.

The hypocrisy is astounding. The party of “originalist Constitutional interpretation” all of a sudden wants some flexibility?
I would attempt to sway you with moral, humane, or economic arguments, but we know those don’t work. Maybe pointing out your hypocritical behavior will be a moment of enlightenment??

Do you understand the constitution? What kind of lawyer are you?

You are just taking a constitutional
amendment and throwing it out the window because your orange daddy says so? You really are submissive. Its really bad having the two useless senators.

In reality, only one. But Virginia has three.

Also, when are you gonna adress the Nazi salute that Elon Musk did?

Never. This has been another edition of Short Answers to Simple Questions.

How did you get through law school?

Maybe he should ask for his tuition money back.

Way to go! Fuck the 14th amendment! Also, drug prices are going up! And beating up cops gets you a presidential pardon! You guys are killing it!

OMG [….]

The first clause of the 14th Amendment:

Amendment XIV
Section 1.
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The U.S. Supreme Court addressed this over 100 years ago:

U.S. Supreme Court
United States v. Wong Kim Ark, 169 U.S. 649 (1898)

United States v. Wong Kim Ark
No. 18
Argued March 5, 8, 1897
Decided March 28, 1898
169 U.S. 649
[….]
Mr. Dicey, in his careful and thoughtful Digest of the Law of England with reference to the Conflict of Laws, published in 1896, states the following propositions, his principal rules being printed below in italics:

“‘British subject’ means any person who owes permanent allegiance to the Crown. ‘Permanent’ allegiance is used to distinguish the allegiance of a British subject from the allegiance of an alien who, because he is within the British dominions, owes ‘temporary’ allegiance to the Crown. ‘Natural-born British subject’ means a British subject who has become a British subject at the moment of his birth.’ ‘Subject to the exceptions hereinafter mentioned, any person who (whatever the nationality of his parents) is born within the British dominions is a natural-born British subject. This rule contains the leading principle of English law on the subject of British nationality.”

The exceptions afterwards mentioned by Mr. Dicey are only these two:

“1. Any person who (his father being an alien enemy) is born in a part of the British dominions, which at the time of such [….] person’s birth is in hostile occupation, is an alien.”

“2. Any person whose father (being an alien) is at the time of such person’s birth an ambassador or other diplomatic agent accredited to the Crown by the Sovereign of a foreign State is (though born within the British dominions) an alien.”

[….]

The words “in the United States, and subject to the jurisdiction thereof” in the first sentence of the Fourteenth Amendment of the Constitution must be presumed to have been understood and intended by the Congress which proposed the Amendment, and by the legislatures which adopted it, in the same sense in which the like words had been used by Chief Justice Marshall in the well known case of The Exchange and as the equivalent of the words “within the limits and under the jurisdiction of the United States,” and the converse of the words “out of the limits and jurisdiction of the United States” as habitually used in the naturalization acts. This presumption is confirmed by the use of the word “jurisdiction” in the last clause of the same section of the Fourteenth Amendment, which forbids any State to “deny to any person within its jurisdiction the equal protection of the laws.” It is impossible to construe the words “subject to the jurisdiction thereof” in the opening sentence, as less comprehensive than the words “within its jurisdiction” in the concluding sentence of the same section; or to hold that persons “within the jurisdiction” of one of the States of the Union are not “subject to the jurisdiction of the United States.”

These considerations confirm the view, already expressed in this opinion, that the opening sentence of the Fourteenth Amendment is throughout affirmative and declaratory, intended to allay doubts and to settle controversies which had arisen, and not to impose any new restrictions upon citizenship.

[….]

The effect of the enactments conferring citizenship on foreign-born children of American parents has been defined, and the fundamental rule of citizenship by birth within the dominion of the United States, notwithstanding alienage of parents, has been affirmed, in well considered opinions of the executive departments of the Government since the adoption of the Fourteenth Amendment of the Constitution.

[….]

The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.

Order affirmed.

[….]

Action:

ACLU ‪@aclu.org‬
We’re suing President Trump.

The 14th Amendment is clear: People born in the United States are citizens. An executive order cannot override the Constitution.
[….]
January 21, 2025 at 12:06 PM

And:

Joyce Vance

Your papers

10 Sunday Nov 2024

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

14th Amendment, citizenship, Donald Trump, Fascist pigs, immigration

Prove it.

“Are you citizen of the United States?”

Are you prepared to have to carry proof?

How Trump Plans to Upend Immigration
As the former president returns to office, the blueprint is clear: End birthright citizenship, implement mass deportation, and attack legal immigration.
[….]

End Birthright Citizenship

Trump promised to sign an executive order on day one to end the long-standing constitutional guarantee of citizenship for those born in the United States, regardless of their parents’ immigration status. The order would instruct federal agencies to require that at least one parent be a US citizen or lawful permanent resident for a child to be granted automatic citizenship.

“This current policy is based on a historical myth and a willful misinterpretation of the law by the open borders advocate,” Trump has said. Birthright citizenship is enshrined in the 14th Amendment of the Constitution—and reaffirmed in Supreme Court decisions—which states that, with very few exceptions, “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.”

Revive the “Muslim Ban”

During his first term, Trump took 472 executive actions in his bid to reshape the immigration system. One of them was the infamous “Protecting the Nation From Foreign Terrorist Entry Into the United States” order, which permanently suspended the resettlement of refugees from Syria and barred the entry of travelers from seven Muslim-majority countries—Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The policy created instant chaos, sparked international repudiation, and galvanized Americans all over the country.

Trump has vowed to restore the so-called Muslim ban. The original iterations faced repeated legal challenges. Federal appeals courts ruled against the Trump administration, concluding that the executive order’s “stated national security interest was provided in bad faith” and “drips with religious intolerance, animus, and discrimination.” But in a 5–4 decision in June 2018, the Supreme Court allowed the Trump administration to carry out a version of the ban. On his first day in office, President Joe Biden issue a proclamation reversing it.
[….]

No Muslim ban. [January 2017]

Fourteenth Amendment
Section 1
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[….]

UNITED STATES v. WONG KIM ARK.
Supreme Court
169 U.S. 649
18 S.Ct. 456
42 L.Ed. 890

UNITED STATES
v.
WONG KIM ARK.

No. 132.

March 28, 1898.
[….]
The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties, were to present for determination the single question, stated at the beginning of this opinion, namely, whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.
[….]

Prove your citizenship. On demand.

Universal Declaration of Human Rights

Article 6
Everyone has the right to recognition everywhere as a person before the law.

International Covenant on Civil and Political Rights (ICCPR)

Article 16
Everyone shall have the right to recognition everywhere as a person before the law.

International covenant on civil and political rights.
Done at New York December 16, 1966.
Entered into force March 23, 1976; for the United States
September 8, 1992.

“No human is illegal”

Mike Pence (r) – servile sycophant

30 Tuesday Oct 2018

Posted by Michael Bersin in Resist, social media

≈ 1 Comment

Tags

14th Amendment, 8 U.S. Code § 1401, Article VI, citizenship, Constitution, ICCPR, Mike Pence, social media, Twitter

digby @digby56
Pence says it’s never been decided whether people in the country illegally are subject to the 14th Amendment and the (stacked) Supreme Court finally needs to resolve it — as if this is a burning issue.

Has there ever been a more servile sycophant?
12:53 PM – 30 Oct 2018

Michael Bersin @MBersin
Title 8, Chapter 12, Subchapter III, Part I, § 1401.
“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…”

He’s also an asshole.
12:56 PM – 30 Oct 2018

One of the news reports:

The Latest: Pence discusses changing birthright citizenship
[….]
Vice President Mike Pence says potentially changing birthright citizenship is part of the Trump administration’s broad look at U.S. laws that draw people into the country illegally.

Pence said Tuesday the administration is looking at action that would revise birthright citizenship, which is guaranteed under the 14th Amendment. The amendment’s Citizenship Clause says all people born or naturalized in the United States are citizens of the United States.

Pence says the Supreme Court has never ruled on whether the language in the amendment applies specifically to people in the country illegally.
[….]

In the United State Constitution:

Article VI
[….]
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
[….]

In the International Covenant on Civil and Political Rights [ICCPR] [Treaty, entered into force for the United States, September 8, 1992]:

[…]
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
[….]

In the United States Constitution:

Amendment XIV
Section 1.
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[….]

In U.S. law:

8 U.S. Code § 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;[….]

We’re going to find out what kind of country we are on November 6th. Vote.

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