You know President Trump has been fed his ideas by people at the Heritage Foundation or some other White Power group when you hear him quote, "And under the jurisdiction thereof."
Like so much of the Constitution, phrases are thrown in which are underdeveloped to the point of opaque. Any English teacher worth her salt would circle that in a red crayon and give a D- to its author. Explain. Clarify.
Same for "two thirds of all other persons," but at least there, we have more than a wink and a nod--the authors already tell you they are not talking about Indians and the only folks left are slaves, the name they dared not speak.
But why did they throw in "and under the jurisdiction thereof" in 1865, rather than just saying, excluding diplomats, Indians and children born to members of invading armies?
We'll never know.
Well, actually, we will know, when the Alito-Thomas-Gorsuch-Kavanaugh-Roberts majority rule, the President does have the right revoke and exclude citizenship from children born in the United States if he wants to and whoever he wants to exclude.
Scalia disciples, Gorsuch and Kavanaugh being "originalists" and will find in the "original intent" of the authors the idea of what being under the jurisdiction means, as television disciples will know the mind of God, through his writings in the Bible.
The Constitution is not a living document but an immutable source which means only what it's 19th century authors meant it to say, which is to say, whatever Gorsuch and Kavanaugh want them to say.
So President Trump will be able to exclude whomever he wishes from citizenship.
And you know, wink, wink, who that is going to be.
Like so much of the Constitution, phrases are thrown in which are underdeveloped to the point of opaque. Any English teacher worth her salt would circle that in a red crayon and give a D- to its author. Explain. Clarify.
Same for "two thirds of all other persons," but at least there, we have more than a wink and a nod--the authors already tell you they are not talking about Indians and the only folks left are slaves, the name they dared not speak.
But why did they throw in "and under the jurisdiction thereof" in 1865, rather than just saying, excluding diplomats, Indians and children born to members of invading armies?
We'll never know.
Well, actually, we will know, when the Alito-Thomas-Gorsuch-Kavanaugh-Roberts majority rule, the President does have the right revoke and exclude citizenship from children born in the United States if he wants to and whoever he wants to exclude.
Scalia disciples, Gorsuch and Kavanaugh being "originalists" and will find in the "original intent" of the authors the idea of what being under the jurisdiction means, as television disciples will know the mind of God, through his writings in the Bible.
The Constitution is not a living document but an immutable source which means only what it's 19th century authors meant it to say, which is to say, whatever Gorsuch and Kavanaugh want them to say.
So President Trump will be able to exclude whomever he wishes from citizenship.
And you know, wink, wink, who that is going to be.
Phantom,
ReplyDeleteOh yes, those marvelous five words "subject to the jurisdiction of" will allow our right wing Supreme Court to save all us hapless women folk from the spawn of those marauding, rock throwing rapists rushing our border. Alleluia!! Of course if our illustrious President gets his way, the 15,000 troops he's sending can just shoot the invaders at the border should they even look at a rock. This should efficiently eliminate any opportunity for them to have a baby on US soil. Problem solved...
Maud
Ms. Maud,
ReplyDeleteSomehow I missed your comment until today, but it is timeless in its perceptivity.
Remember it's only the White women folk who need fear the marauders. Apparently, according to Trump and Louie Gohmert the rapists from south of the border either don't care to rape women who are not White or Mr. Trump and Mr. Gohmert don't care if they rape non White women.
As some wag noted, Mr. Trump has so little familiarity with Hispanic males he assumes any and all of them are capable of hurling a rock at 90 miles an hour, and if they do try to cross the border they will be heading for try outs with the Los Angeles Dodgers, the San Diego Padres and the Texas Rangers, and then Trump would have to figure out what tariffs to levy against these teams.
The really fun part will begin when Ruth Bader Ginsberg and Justice Breyer vacate the premises.