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BumRushDaShow

(144,229 posts)
33. That was part of why it was put in place
Mon Dec 9, 2024, 06:15 AM
Dec 9

although the enslaved (and their descendants) were not only NOT considered "citizens", but were not even considered "humans" and were instead designated as "property" (i.e., the term "chattel slavery" ).

See "Dred Scott v. Sandford" -

Facts of the case

Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott filed suit in Missouri court for his freedom, claiming that his residence in free territory made him a free man. After losing, Scott brought a new suit in federal court. Scott's master maintained that no “negro” or descendant of slaves could be a citizen in the sense of Article III of the Constitution.

(snip)

Conclusion

7–2 decision for Sanford
MAJORITY OPINION by Roger B. Taney

Held portions of the Missouri Compromise unconstitutional in violation of the Fifth Amendment, treating Scott as property, not as a person.

(snip)

The majority held that “a negro, whose ancestors were imported into [the U.S.], and sold as slaves,” whether enslaved or free, could not be an American citizen and therefore did not have standing to sue in federal court. Because the Court lacked jurisdiction, Taney dismissed the case on procedural grounds.


I expect it would have also covered those illegal European immigrants who were or became indentured servants.

Recommendations

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

So if these people were to apply for a passport, in any country, they couldn't bucolic_frolic Dec 8 #1
14th Amendment Sect. 1 (re: "birthright citizenship" ) BumRushDaShow Dec 8 #2
Yes, I understand the Constitution, I mean when Trump gets done with bucolic_frolic Dec 8 #3
Oh I know you know BumRushDaShow Dec 8 #6
tRUMP must have missed the part in middle school about how to amend the Constitution. groundloop Dec 8 #5
Amend tool is Sharpie. Make the world do what Trump wants. /nt bucolic_frolic Dec 8 #7
The argument I always hear from them is The Mouth Dec 8 #23
That was part of why it was put in place BumRushDaShow Dec 9 #33
Can't change that without an amendment. wnylib Dec 9 #26
60% of Americans support birthright citizenship. SunSeeker Dec 8 #4
Why is The Hill even going there? bucolic_frolic Dec 8 #8
I guess the point is, with that kind of support for birthright citizenship, amending is unlikely. SunSeeker Dec 8 #16
The Constitution means what SCOTUS says it means, unfortunately :-( The Mouth Dec 8 #24
F--- SCOTUS. The 14th amendment is clear. wnylib Dec 9 #27
Only 60%? eggplant Dec 8 #19
Only 67% think democracy is th best form of government. SunSeeker Dec 8 #20
I'm surprised it's that high. róisín_dubh Dec 9 #30
This poll is the media targeting US citizenship erodriguez Dec 9 #35
He obviously needs to google "How do I change a constitutional amendment" Dem4life1970 Dec 8 #9
Yup and unfortunately illegal immigrants are a tool by the Republicans in office to distract the voters. cstanleytech Dec 8 #21
traitor wiping his whole body with the Constitution Marthe48 Dec 8 #10
He must start with his own family. City Lights Dec 8 #11
Or was his own "off the boat" mother? BumRushDaShow Dec 8 #12
Nope, she didn't become one until July 2006 and Barron was born in March. cstanleytech Dec 8 #13
When did wife #1 become a citizen? Retrograde Dec 8 #17
No need to look to his wife. Is Trump a citizen? SomewhereInTheMiddle Dec 9 #32
Snowballs chance in Hell of getting the needed number of States to Amend the Constitution. cstanleytech Dec 8 #14
Get on the bus Melania! uncledad Dec 8 #15
He could very well be eager to replace her LisaL Dec 8 #22
Alina Habba perhaps? sheshe2 Dec 9 #28
He must reeeeaaaallly hate the Constitution then sakabatou Dec 8 #18
Ship him and his family off first. Old Crank Dec 9 #25
What I understood exboyfil Dec 9 #29
SCOTUS determines what the Constitution means, it doesn't have to be amended. Kablooie Dec 9 #31
The media is targeting birthright citizenship erodriguez Dec 9 #34
Elon and Melania first! travelingthrulife Dec 9 #36
Latest Discussions»Latest Breaking News»Trump aims to end birthri...»Reply #33