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Ms. Toad

(38,972 posts)
23. Four of the people who we have charged with deciding what the constitution means disagree with you.
Fri Jul 3, 2026, 12:40 PM
Friday

And unless you are a Supreme Court Justice, they outrank you.

If you bothered to read any of the briefs, at any court level, you know that no one was questioning the phrase "All persons.". The argument was over the interpretation of the phrase, "and subject to the jurisdiction thereof."

Because of the word "and," to be a birthright citizen you have to be both "all persons" AND "subject to the jurisdiction thereof." Since not all persons in the United States are subject to it's jurisdiction, there are exclusions.

The exclusion everyone agrees on are children born to foreign diplomats, whose diplomatic immunity excludes them from being subject to the jurisdiction of the United States. Surely you are aware of infamous cases of diplomats who have raped or murdered people in the United States but who could not be charged with crimes? These diplomats, and children born to then while they are stationed in the United States are not US citizens. I am not aware of any person trained in the law who believes otherwise.

So there are, unquestionably, exceptions to "all persons."

So the interpretation of the second phrase is what was at issue - how broad is the exception? Four of the 9 people we have charged with having the final say on what the constitution says believe that exception (which everyone with legal training agrees exists) is broader than just diplomats.

I disagree with those 4 - but I'm not Supreme Court Justice, so I didn't get to decide what it means. But, as an attorney, I am very familiar with how phrases which seem obvious to lay people can have multiple potential meanings. That's how the law works, and that is why there is a Supreme Court to be the final arbiter of what the constitution actually means.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Kavanaugh doesn't understand the constitution DemocracyForever Jul 1 #1
Or he was trying to give trump Figarosmom Jul 1 #2
Congressional law can never override the constitution DemocracyForever Jul 1 #3
They can always pass a law to give the Supreme Court another shot to get it "right". Ilikepurple Jul 1 #8
It would need to be a legal move DemocracyForever Jul 2 #13
I never said reconsider the case. An actual law could be rightly challenged and reach the Supreme Court. Ilikepurple Jul 2 #14
Again, Congressional law can't override the constitution. DemocracyForever Jul 2 #17
What would you be saying if the numbers for this case were reversed? Ilikepurple Jul 2 #20
The 14th amendment is clear DemocracyForever Friday #21
This is still just an opinion and one that doesn't carry the force of law if the Supreme Court decides otherwise. Ilikepurple Friday #25
It's called actual facts DemocracyForever Saturday #31
Congressional laws can never overturn the constitution DemocracyForever Jul 2 #18
"What's a constitution?" - Brett NameAlreadyTaken Jul 1 #4
The U.S. constitution DemocracyForever Jul 1 #7
That's not what he is saying. Ms. Toad Jul 2 #15
It's not accurate DemocracyForever Jul 2 #16
The constitution is only as clear as those designated to interpret say it is. Ms. Toad Jul 2 #19
"All persons" is clear DemocracyForever Friday #22
Four of the people who we have charged with deciding what the constitution means disagree with you. Ms. Toad Friday #23
I'm amazed by the tongue twisting DemocracyForever Friday #24
I'm not sure who you are arguing against in this thread. Ilikepurple Friday #27
Are you saying the children of foreign diplomats Ms. Toad Friday #28
So don't believe your eyes? DemocracyForever Saturday #29
I am United States attorney Ms. Toad Saturday #37
NAACP Legal Defense Fund chair disagrees with you DemocracyForever Sunday #38
Under current law, yes. Ms. Toad Sunday #39
It's clearly what Kavanaugh meant DemocracyForever Monday #40
No, it's not what he means. Ms. Toad Monday #41
In your world 2+25 DemocracyForever Tuesday #42
In n other words, you either haven't read the opinions Ms. Toad Tuesday #43
Again in your world 2+25 DemocracyForever Wednesday #44
That still does not support your contention that he doesn't understand the Constitution. Ms. Toad Wednesday #45
The tongue twisting is boundless DemocracyForever Yesterday #46
As I explained, there are two sources of citizenship: the constitution and statute. Ms. Toad Yesterday #47
Kavanaugh is wrong DemocracyForever 5 hrs ago #48
Congress can pass an amendment to override................... Lovie777 Jul 1 #5
Congress can pass a constitutional amendment DemocracyForever Saturday #30
Aren't these meat stuffed robes supposed to be legal geniuses?? NoMoreRepugs Jul 1 #6
Onlookers astonished by JD Vance's latest attempt to dunk on Pope Leo: 'Excommunicate him' CNYHarris Jul 1 #9
From a quote from an unpublished piece on the internet CNYHarris Jul 1 #10
We must protect the native born on planets in the galaxy. CNYHarris Jul 1 #11
TLDR Mossfern Friday #26
From AI CNYHarris Saturday #32
What the article does prove CNYHarris Saturday #33
This message was self-deleted by its author CNYHarris Saturday #35
AI final take on the article/work CNYHarris Saturday #36
More the truth is stronger than fiction CNYHarris Saturday #34
vance and crew are not free market capitalists. Figarosmom Jul 1 #12
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