Conservatives beware. If you can ban birthright citizenship without a Constitutional amendment, the progressives can ban guns w/o one. I admit I'm no legal expert, but the protection of birthright citizenship seems to be at least as explicit in the text as the right to bear arms
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I thought this was a pretty fair review of the legal arguments by an opponent of birthright citizenship who nonetheless concludes that its what the Constitution calls for https://www.nationalreview.com/2018/10/birthright-citizenship-arguments-constitutional-requirement/ …
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I will say it again, Conservatives over-reading the "jurisdiction" clause in the 14th amendment sounds a heck of a lot like gun opponents overreading the "militia" clause in the 2nd. Stand by your originalism or you are going to regret it.
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Just because you want something or it is a good idea does not make it constitutional. If the Constitution has flaws, go get an amendment. Gad I have given that lecture to progressives for years, and now I am giving it to Conservatives
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I agree absolutely. However, in the current case, the steelman of the red tribe argument is not "we wish to overturn X provision of the constitution" ; it is "X provision says Y, not Z". There is, in fact, a distinction between the two classes of argument.
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