"But that really is the definition of judicial activism. Roberts is an
activist court though, so you very well may get to see your wish."

Whoa.  Hold your horses.  I not sure where I stand on this issue.  I don't
like the concepts of anchor babies, but I still have my doubts about
exporting children born in this country.  I am just looking at both sides of
the issues and trying to show that it is not as cut and dried as your
initial post claimed it to be. I know it was an attempt to bash a Republican
so it was hard to resist.



"So you are keen to just toss out 112 years of precedent?"

Not me.  It would be legislatures and/or courts.  If the 112 years of
precedent are wrong, that is, go against the intention of the amendment,
then I have no problem with it


By the way, I have found many state laws from the 1850's that explicitly
state that children of aliens are not citizens. Here an example:

“All persons born in this state, and resident within it, *except the
children of transient aliens*, and of alien public ministers and consuls,
etc"

Some state adopted these laws AFTER the adoption of the Fourteenth
Amendment.


Maybe the Fourteenth Amendment should be repealed and a new amendment
created that explicitly deals with this problem.




"All Native Americans were declared US citizens subsequent to that.
Somewhere in the 20's? Dawes Act? Don't make me look it up, but it's so."

Yes.  It was the Indian Citizenship Act of 1924 (Snyder Act).

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