(To be clear, they still work today if you can get a second hand remote / hub.)
(To be clear, they still work today if you can get a second hand remote / hub.)
That seems like a very good demonstration of the pitfalls of originalist interpretations of the Constitution. Even then, the argument comes off as extremely weak. And it doesn't even begin to try and address the consequences of reinterpreting the meaning of "and subject to the jurisdiction thereof".
Are conservatives envisioning a new class of slaves? People born on US soil who have none of the protections of the Constitution? Even if that is not the goal, it's not hard to imagine that there would be far-reaching consequences from deciding that the Constitution was not a limit on the behavior of government, but in fact only applied to citizens. What a massive bump in power for the bureaucrats in DC.
Heck, we could just snatch people off the street and declare they cannot prove they are a citizen therefore they have no Constitutional protections. No right to due process so they can prove they're a citizen, nothing like that. Better plan on carrying your passport at all times (and hope it doesn't get ... lost).
I'm not sure if you intended this as a joke, but this is happening now, even if you do have proof of citizenship on you[1]:
> Congressman Bennie Thompson, ranking member of the House Homeland Security Committee, reported that “ICE officials have told us that an apparent biometric match by Mobile Fortify is a “definitive” determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate” when the app says a person is undocumented.
1. https://www.aclu.org/news/privacy-technology/ice-face-recogn...
Also keep in mind that it's a non-immigrant, non-dual intent visa, so if you end up wanting to stay, you'll need to adjust to another class at some point.
Unless this quote is directly from the constitution, it's totally worthless to support your argument.
1st Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Read that carefully and note that the word "citizen" is nowhere to be found.
Next, some may argue that "the people" inherently represents only citizens. Jurisprudence has generally accepted that phrase to mean everyone, including illegal immigrants, but it depends on the surrounding context[1]. The idea that the Bill of Rights applies only to citizens, though, doesn't match any court interpretation of which I'm aware.
No, rulings are not final. SCOTUS could and very well may disagree with more than a hundred years of jurisprudence and overrule e.g. US v. Wong Kim Ark[1], enabling much easier denaturalization by the federal government. Here's an example article from a right-wing think tank about why they believe SCOTUS should overrule Ark[2].
1. https://www.oyez.org/cases/1850-1900/169us649
2. https://americanmind.org/features/the-case-against-birthrigh...
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14th Amendment:
"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."
There are rumblings about "subject to the jurisdiction thereof" somehow excluding folks based on their immigration status, but frankly, the meaning is clear, and jurisprudence recognizes this. The jurisdiction carveout is for international diplomats, i.e. people who are literally not subject to US law. Immigrants, even illegal immigrants, are subject to US law. Stating otherwise would have vast repercussions.
A high-trust society that solved coordination problems through legislation, could solve this with a win-win technofix solution where everybody's headlights are as bright as the sun and nobody suffers ill effects.
That technofix solution is polarized headlights, and right-angle-polarized night driving glasses or windshield tints.
This is not legal, executives of publicly traded companies are required to put maximizing shareholder value above all other considerations.
1. https://harvardlawreview.org/print/vol-137/will-the-real-sha...