Politicians, but not scholars, believe that birthright citizenship was created by a mere footnote, Footnote 10, in the 1982 Supreme Court case Plyler v.
Hey Diane. I’m of the Constitutionalist about “subject to Jurisdiction” to be as written and specifically for former slaves and people who are specifically related to a particular country. On Threads had someone “berate” me that a long ago case, wish I had the one, but related to a German as I recall, that implied SC said anyone born here. I still disagree but, again which I had it, as I read it it seemed to imply a birth was allowable. I counter that then implies service families, military and state dept, whose child born on foreign soil makes them foreign citizens not American. Which is wrong of course. Do you have counter details?
Subject to the jurisdiction is plain and simple a reference to the meaning of the 14th Amendment - that black people, the children of slaves, and the ex-slaves themselves, are citizens of the United States. No birthright tourism citizenship, no born to an illegal citizenship. Ex-slaves and their children. It almost seems to me that a majority of SCOTUS needs to go back to law school.
I graduated from Lewis & Clark Law School in Portland in 1986. Taking a constitution class was mandatory then. They took a HARD TURN LEFT in the 90s so I suspect they don't require knowledge of the constitution to graduate. THAT is just one of the ways The Left is undermining our republic.
We have a friend who is a "former" WA State legislator. Graduated from Gonzaga Law School and he said they had NO Constitution Classes -- the focus was on CASE LAW. Ugh! That would have been in the 90s and I think we can all see how well that has worked for us. :( Case Law is frustrating -- when you're a plaintiff you want your case to be adjudicated on the merits of YOUR personal case -- not some other case in another State, with another Judge . . . etc. etc.
Both Gonzaga and Lewis & Clark are private law schools in Dirty Blue States. One can only imagine what is being taught at the U. of Washington and the U. of Oregon law schools!!!! EEEEK! BTW, Lewis & Clark went full DEI before it was called DEI. As I was graduating in 1986 they were planning to get as many "minority" students as possible; THEREFORE, they started taking minorities who failed the LSAT AND teaching them remedial English Composition so they would write Legal Briefs. EEEEEEEK!
I would agree with you, Jack; however, from my understanding of LAW SCHOOL, surprisingly the Constitution is not "taught," so it is unlikely that actual American History would be included in the curriculum.
If I had a dollar for every time I heard about studying "case law," I'd have a nice nest-egg. Do not look to law schools for professorial insights on American History.
Well said, Carolyn! I shared on Substack's Notes. I graduated from Lewis & Clark Law School in 1986. Taking a constitution class was mandatory then. They took a HARD TURN LEFT in the 90s so I suspect they don't require knowledge of the constitution to graduate. THAT is just one of the ways The Left is undermining our republic.
Hey Diane. I’m of the Constitutionalist about “subject to Jurisdiction” to be as written and specifically for former slaves and people who are specifically related to a particular country. On Threads had someone “berate” me that a long ago case, wish I had the one, but related to a German as I recall, that implied SC said anyone born here. I still disagree but, again which I had it, as I read it it seemed to imply a birth was allowable. I counter that then implies service families, military and state dept, whose child born on foreign soil makes them foreign citizens not American. Which is wrong of course. Do you have counter details?
Subject to the jurisdiction is plain and simple a reference to the meaning of the 14th Amendment - that black people, the children of slaves, and the ex-slaves themselves, are citizens of the United States. No birthright tourism citizenship, no born to an illegal citizenship. Ex-slaves and their children. It almost seems to me that a majority of SCOTUS needs to go back to law school.
I graduated from Lewis & Clark Law School in Portland in 1986. Taking a constitution class was mandatory then. They took a HARD TURN LEFT in the 90s so I suspect they don't require knowledge of the constitution to graduate. THAT is just one of the ways The Left is undermining our republic.
We have a friend who is a "former" WA State legislator. Graduated from Gonzaga Law School and he said they had NO Constitution Classes -- the focus was on CASE LAW. Ugh! That would have been in the 90s and I think we can all see how well that has worked for us. :( Case Law is frustrating -- when you're a plaintiff you want your case to be adjudicated on the merits of YOUR personal case -- not some other case in another State, with another Judge . . . etc. etc.
Both Gonzaga and Lewis & Clark are private law schools in Dirty Blue States. One can only imagine what is being taught at the U. of Washington and the U. of Oregon law schools!!!! EEEEK! BTW, Lewis & Clark went full DEI before it was called DEI. As I was graduating in 1986 they were planning to get as many "minority" students as possible; THEREFORE, they started taking minorities who failed the LSAT AND teaching them remedial English Composition so they would write Legal Briefs. EEEEEEEK!
Bingo! I shared your comment on Notes.
I would agree with you, Jack; however, from my understanding of LAW SCHOOL, surprisingly the Constitution is not "taught," so it is unlikely that actual American History would be included in the curriculum.
If I had a dollar for every time I heard about studying "case law," I'd have a nice nest-egg. Do not look to law schools for professorial insights on American History.
Well said, Carolyn! I shared on Substack's Notes. I graduated from Lewis & Clark Law School in 1986. Taking a constitution class was mandatory then. They took a HARD TURN LEFT in the 90s so I suspect they don't require knowledge of the constitution to graduate. THAT is just one of the ways The Left is undermining our republic.