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-   -   14th amendment & Obamacare (http://www.saveourstate.info/showthread.php?t=9236)

ilbegone 08-24-2015 04:50 AM

14th amendment & Obamacare
 
The discussion is finally getting around to the intent of the 14th Amendment, which has to do with newly freed slaves 150 years ago. The debate in Congress at the time had nothing to do with, nor had anticipation of illegal migration a hundred years and more into the future.

The 1898 Wong Kim Ark decision had to do with with the American born son of Chinese who had entered the country legally.

For over a century the argument that the literal words of the 14th amendment apply has prevailed.

Enter the recent Supreme Court decision concerning the subsidization of Obamacare in states where exchanges weren't set up by the states themselves.

Rather than a literal interpretation of the written law, which has been the norm since the republic was founded more than 200 years ago, the Supreme Court made a decision based on "the intent" of Congress on a law which was written by a third party, not read by anyone in Congress until it was passed on a pure partisan vote, and which Congress promptly voted itself an exemption from coverage once they found what was in the law.

No literal interpretation for Obamacare, no literal interpretation for the 14th Amendment.

Ayatollahgondola 08-26-2015 07:29 PM

I don't know what this court would do with the case, but if we get one or two more obama appointees before his term expires, you can bet they'll decide that anyone born in the US is a citizen of the US, regardless of the 14th amendment. And they'll point to congress's failure to address the non deportations of millions as an interpretation of their intent

ilbegone 09-08-2015 09:23 PM

Quote:

Originally Posted by Ayatollahgondola (Post 25532)
I don't know what this court would do with the case, but if we get one or two more obama appointees before his term expires, you can bet they'll decide that anyone born in the US is a citizen of the US, regardless of the 14th amendment. And they'll point to congress's failure to address the non deportations of millions as an interpretation of their intent

We're pretty close to another Obama appointee. One of these days Ginsburg will fall into her usual nodding off in court while arguments are being presented and just not wake up.

God, I just got a visual of Justice Roberts poking at her with a stick to see if she's still alive while the others peer around his robes to see if she reacts.

It's kind of weird, but my muse takes me back to my first car, I could only afford to put a couple of gallons in it at a time and I'd pray it wouldn't run out of gas before I could scrounge enough money for another gallon or two of gas. One time it sputtered out of gas with just enough momentum to put me squarely in front of the gas pump - literally the coast ended right in front of the pump with just enough hose to reach the filler neck. what a stroke of luck.

I hope Ginsburg makes it past the election and that Republican infighting doesn't give the election to the Hammer and Sickle bunch. Can you imagine someone like Eric Holder appointed to the bench?

Jeanfromfillmore 09-09-2015 04:44 PM

The difference today is travel is so much easier making borders easier to cross. Different day, different needs. Something has to be done. You may remember me posting about the family from India who came here, got on welfare and used the cash entitlements to fly back and forth when they needed to check in at the welfare office. The original person who came to the USA used an arranged marriage then brought his parents, then his sister came each time she got pregnant. That was thousands of miles away. Consider how easy it is to do it from Mexico. Millions have done it.

ilbegone 09-10-2015 07:03 AM

Quote:

Originally Posted by Jeanfromfillmore (Post 25547)
The difference today is travel is so much easier making borders easier to cross. Different day, different needs. Something has to be done. You may remember me posting about the family from India who came here, got on welfare and used the cash entitlements to fly back and forth when they needed to check in at the welfare office. The original person who came to the USA used an arranged marriage then brought his parents, then his sister came each time she got pregnant. That was thousands of miles away. Consider how easy it is to do it from Mexico. Millions have done it.

Then lets go back to the original premise of this thread:

The intent of the mid 19th century 14th amendment had nothing to do with illegal immigration nor birth tourism to the United States during the 20th and 21st centuries..

The Supreme ruled on Obamacare on their perception of intent rather than 200 plus years of precedent setting rulings which hinged on literal wording.

Can't have it both ways. Either Obamacare means what it says or 100 plus years of birthright citizenship practice is invalidated.


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