Wednesday, July 01, 2026

Fundamentally Misinterpreted

Pretty sure this Administration has already told parents: “Your baby can stay, but you have to go.”

Also pretty sure Roberts laid out the history of jus soli citizenship in the Barbara opinion: that it was adopted by the government after independence, and was added to the Constitution to insure the children of slaves born here would indeed be citizens (and that wasn’t limited to children born AFTER the 13th amendment was adopted). Roberts also included the Congressional arguments over the 14th, which included challenges that the language would cover immigrants and “the Chinese.” To which the sponsor said: “Yup.”

Interesting that that legislative history was not reviewed in U.S. v. Ark. Seems they didn’t feel the need to in 1893, even with the Chinese Exclusion Act on the books. This is how we identify progress.
What’re you gonna do about it? “Pack” the Court? Amend the Constitution? Pass a new statute in the last 3 weeks of the pre-election session? The White House thinks the country has fundamentally misinterpreted the intent of the Emoluments Clause.

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