General Discussion
In reply to the discussion: Ohh That's Rich - birthright citizenship 6-3 to 5-4 ruling explained [View all]Ilikepurple
(832 posts)The full text of the phrase is 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. I agree with your interpretation, but the subject to the jurisdiction thereof is included for some reason. Maybe just to exclude children of occupying forces, foreign diplomats, or native Americans living as tribal members? If it was that clear, we wouldnt have needed the Indian Citizenship Act of 1924 to get US tribal members citizenship.
You may have an argument as to why the Supreme Court should not be able to decide what the Constitution says in all cases, but that is the system weve pretty much had in place since Marbury v. Madison. If you want to argue that there must be a mechanism for policing the opinion of the Supreme Court other than impeachment and conviction of its offending members and without constitutional amendment, youll have to have both a legal and practical argument formulated beyond your insistence that what you believe is the way the world is.