DesideriScuri -> RE: Birthright citizenship, what's happened to the repubs ? (8/26/2015 8:30:36 AM)
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ORIGINAL: Thegunnysez ORIGINAL: DesideriScuri quote:
ORIGINAL: Thegunnysez quote:
The 14th Amendment doesn't bring up anything about whether the parents are only here for a visit or not. Where do you come up with that idea? You brought up diplomat's children not being citizens. quote:
The 14th Amendment doesn't address "visitors" does it? The cite you brought up re: diplomats by one of the sponsors of the bill when he discussed diplomats. diplomats would be visitors because they plan on returning to their country of origin. IOW, "no, it doesn't address visitors." quote:
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You still can't understand the intent of the 14th Amendment, even when it's quoted by the guy that wrote that section. You said the opinions of those who wrote the amendment were not relevant...only the printed words on the paper were necessary to understand the document. Now, if you wish to change your mind and bring in this individuals opinion then we must also bring in the other 240 odd individuals who created this document. quote:
You're full of shit. Your posts are there for you to read. I know, and you're still full of shit. quote:
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I asked you which was more important, the wording or the intent. You blather on, attempting to find cute little minutiae to twist things. I'm not falling for it. Sorry for you. I do believe intent of the law is more important. Previously you said the final words on the paper were the most important thing. Now it seems you have changed your mind. If that is the case then lets look at all 240+ opinions. The two you cited clearly disagree with your opinion of them. Show us the proof of the part I put in bold. quote:
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And, I said that I thought the SCOTUS would correctly uphold the US Government's side in the latest Obamacare suit because the intent of the law was for the subsidies to apply to those who bought insurance on any exchange. You seem terribly invested in something that is not part of this discussion. The SCOTUS did not write the bill they inferred it's intent. The people who wrote the bill are the ones whose intent is important to this discussion. What you, apparently, forget is that you asked how the intent of a bill and the wording of the same bill could not be in agreement. I gave you an example. Since the example was in direct response to your question, and directly answered your question, it is relevant to this discussion. The SCOTUS decision shows that intent can override wording when the two aren't in alignment. The intent of limiting subsidies solely to citizens of states that set up an exchange was supported and later refuted by Jonathon Gruber. SCOTUS determined that the intent of the law was for any citizen buying on an exchange would be eligible for subsidies, even though the wording supported those that brought suit. Now, we have to look at the same question for the 14th Amendment. Clearly, the man who wrote that section does not agree that the Amendment intended to provide birthright Citizenship to citizens of another country who are not legally in the US. The Elk case clearly shows that being under the full jurisdiction of the US was important (which was also brought up in the discussions leading up to ratification of the 14th Amendment) in determining birthright citizenship. The Ark case clearly shows that children born in the US to legal resident non-US Citizens have birthright citizenship, which hinged on the legal presence of the parents, even after they returned to their home country. That children born here of foreign diplomats do not gain birthright citizenship is strong evidence that simply being born on US soil does not guarantee birthright citizenship (and, this part was also included in discussions leading up to the passing of the 14 Amendment). Clearly, we have intent not completely agreeing with the wording. Which, in your opinion, is more important, intent or wording? quote:
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Wait. I'm wrong. I'm sure you understand. You just won't agree. I certainly understand what you are saying and I am disagreeing with it. quote:
That's what I said. Because you are mistaken Yet, you agreed.
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