• does changing citizenship reuirements need a constitutional amemdment?

    From S K@21:1/5 to All on Sun Jul 30 19:10:53 2023
    Republican candidate Vivek Ramaswami wants to eliminate birth right citizenship

    "pro-lifers" want to define fetuses as citizens,

    Do these kinds of changes need a constitutional amendment?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to skpflex1@gmail.com on Sun Jul 30 21:44:16 2023
    In misc.legal.moderated, on Sun, 30 Jul 2023 19:10:53 -0700 (PDT), S K <skpflex1@gmail.com> wrote:

    Republican candidate Vivek Ramaswami wants to eliminate birth right citizenship

    This one does. It's in the 14th Amendment. God save us if the voters
    were ever ready to change it.

    "pro-lifers" want to define fetuses as citizens,

    This one I don't know. A statute that defined a fetus as a person would
    not cause them to be covered by the 14th Amendment which refers only to
    those "born" in the United States. They'd have to redefine "born" too
    and then convince the courts that both definitions were constitutional.

    Or perhaps they need not rely on the Constitution and pass a statute,
    and that of course was your question.

    Calling fetuses person equivalent to those who are born will have
    wide-spread ramifications, in all areas of law and life, from
    inheritance to property rights to loads of other things and people
    should be careful what they wish for. Some results will be unforeseen.


    Those who think fetuses are persons on a par with those who have been
    born, expecially Christians who take seriously the Bible, should take
    note of Exodus 21:22:

    And should men quarrel and hit a pregnant woman, and she miscarries but
    there is no fatality, he shall surely be punished, when the woman's
    husband makes demands of him, and he shall give [restitution] according
    to the judges' [orders].

    Here's another good translation:
    And if men strive together, and hurt a woman with child, so that her
    fruit depart, and yet no harm follow, he shall be surely fined,
    according as the woman's husband shall lay upon him; and he shall pay as
    the judges determine.

    And here are still more translations,
    https://biblehub.com/exodus/21-22.htm

    If a fetus were of no value, there would be no restitution required, but
    if a fetus were of the same value as a born person, the man or men who
    caused the injury to the innocent woman and her fetus would not just
    have to pay restitution. Instead, they would be charged with
    manslaughter, a crime that was recognized in the Bible and by the Jews
    who used it as their law.

    AFAIK, Christians, especially Evangelical Christians, are the great
    majority of those pushing for fetal rights, and before they ask for
    personhood, they should consider that their own Bible which makes clear
    that fetuses are not of the same rank as those who have been born.

    Do these kinds of changes need a constitutional amendment?


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Sun Jul 30 21:44:52 2023
    "S K" wrote in message news:cfc2a049-3639-406d-9746-4626ea3eec8cn@googlegroups.com...

    Republican candidate Vivek Ramaswami wants to eliminate birth right >citizenship

    "pro-lifers" want to define fetuses as citizens,

    Do these kinds of changes need a constitutional amendment?

    My take would be Yes on the first; No on the second.

    The Constitution addresses citizenship in the 14th Amendment as follows:

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall
    abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without
    due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    Ramaswami's proposal directly contradicts this, so I would think an
    amendment would be needed to implement stopping birthright citizenship.

    On the other hand, while it conveys citizenship to natural-born citizens,
    the amendment does not exclude the possibility of also awarding citizenship
    in other cases. So I would think allowing fetuses to have citizenship could
    be implement through legislation. But it would almost certainly be
    challenged in the Courts, and I'm not sure even our heavily conservative Supreme Court would let it stand.


    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to S K on Sun Jul 30 21:43:00 2023
    On 7/30/2023 7:10 PM, S K wrote:
    Republican candidate Vivek Ramaswami wants to eliminate birth right citizenship

    "pro-lifers" want to define fetuses as citizens,

    Do these kinds of changes need a constitutional amendment?


    "birth-right" would probably require an amendment

    The pro-lifers don't want citizenship. They want the fetus declared a
    person. If that happens then the fetus has many more legal rights. As
    an example: for a fetus person to be aborted would mean a hearing

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Sun Jul 30 21:45:43 2023
    According to S K <skpflex1@gmail.com>:
    Republican candidate Vivek Ramaswami wants to eliminate birth right citizenship

    "pro-lifers" want to define fetuses as citizens,

    Do these kinds of changes need a constitutional amendment?

    The Fourteenth Amendment says:

    All persons born or naturalized in the United States, and subject to
    the jurisdiction thereof, are citizens of the United States and of the
    State wherein they reside.

    So, yes. Despite what some right wing blather claims, the "subject to
    the jurisdiction" bit is a narrow exception for children of foreign
    diplomats and Indian tribes that had not yet accepted US citizenship.

    It's hard to know what to say about fetal personhood since the whole
    idea is so bizarre. About half the time a fertilized egg doesn't
    implant and just becomes part of a woman's monthly period. Was that a
    person? How could anyone tell?

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to John Levine on Mon Jul 31 16:06:49 2023
    "John Levine" wrote in message news:ua794k$1tii$1@gal.iecc.com...

    According to S K <skpflex1@gmail.com>:
    Republican candidate Vivek Ramaswami wants to eliminate birth right >>citizenship

    "pro-lifers" want to define fetuses as citizens,

    Do these kinds of changes need a constitutional amendment?

    The Fourteenth Amendment says:

    All persons born or naturalized in the United States, and subject to
    the jurisdiction thereof, are citizens of the United States and of the
    State wherein they reside.

    So, yes. Despite what some right wing blather claims, the "subject to
    the jurisdiction" bit is a narrow exception for children of foreign
    diplomats and Indian tribes that had not yet accepted US citizenship.

    It's hard to know what to say about fetal personhood since the whole
    idea is so bizarre. About half the time a fertilized egg doesn't
    implant and just becomes part of a woman's monthly period. Was that a
    person? How could anyone tell?


    There would have to be some additional rules in the legislation, such as verification of the fetus through a blood test, etc. There would also be
    some presumably unintended consequences such as the loss of tax revenue for
    the government due to a pregnant couple receiving an extra tax deduction and child tax credit if pregnant on December 31st. And if fetuses now count as people, does that mean we change the way we calculate ages, starting at conception rather than birth? That has all kind of implications for how we calculate milestones for child care, various age milestones such as dates to start school, attain legal adulthood, census reporting, etc. Of course,
    it would also settle the ongoing debate in some states over whether a
    pregnant woman can include her fetus in calculating whether she can ride car pool lanes.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to Rick on Mon Jul 31 17:49:53 2023
    In misc.legal.moderated, on Mon, 31 Jul 2023 16:06:49 -0700 (PDT),
    "Rick" <rick@nospam.com> wrote:


    There would have to be some additional rules in the legislation, such as >verification of the fetus through a blood test, etc. There would also be >some presumably unintended consequences such as the loss of tax revenue for >the government due to a pregnant couple receiving an extra tax deduction and >child tax credit if pregnant on December 31st. And if fetuses now count as >people, does that mean we change the way we calculate ages, starting at >conception rather than birth? That has all kind of implications for how we >calculate milestones for child care, various age milestones such as dates to >start school, attain legal adulthood, census reporting, etc. Of course,
    it would also settle the ongoing debate in some states over whether a >pregnant woman can include her fetus in calculating whether she can ride car >pool lanes.

    The purpose of the carpool lane is to get people to ride together, so
    they won't each drive their own car. To cut down on the general
    traffic level.

    AIUI, fetuses always ride with their mother and never drive their own
    car. So even if they can split inheritancese, I don't think they should
    count for HOV car pool lane purposes.

    Do they even count children too young to drive in calculating how many
    people are in the car? If so, maybe it's because from a distance, all
    they see is a number of heads and they can't tell how old they are.

    So here again, if the fetus can't hold his head up above the height of
    the car seat back, he shouldn't be counted.


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to micky on Mon Jul 31 21:23:21 2023
    micky <misc07@fmguy.com> wrote:
    "Rick" <rick@nospam.com> wrote:

    There would have to be some additional rules in the legislation,
    such as verification of the fetus through a blood test, etc.
    There would also be some presumably unintended consequences such
    as the loss of tax revenue for the government due to a pregnant
    couple receiving an extra tax deduction and child tax credit if
    pregnant on December 31st. And if fetuses now count as people,
    does that mean we change the way we calculate ages, starting at
    conception rather than birth? That has all kind of implications
    for how we calculate milestones for child care, various age
    milestones such as dates to start school, attain legal adulthood,
    census reporting, etc. Of course, it would also settle the
    ongoing debate in some states over whether a pregnant woman can
    include her fetus in calculating whether she can ride car pool
    lanes.

    The purpose of the carpool lane is to get people to ride together,
    so they won't each drive their own car. To cut down on the
    general traffic level.

    And to cut down on pollution.

    AIUI, fetuses always ride with their mother and never drive their
    own car. So even if they can split inheritancese, I don't think
    they should count for HOV car pool lane purposes.

    You're bringing common sense into this. You'll never get far in the
    law doing that.

    By the way, at least in California motorcycles are allowed in carpool
    lanes even with only one rider. It's supposed to reduce pollution.

    Do they even count children too young to drive in calculating how
    many people are in the car? If so, maybe it's because from a
    distance, all they see is a number of heads and they can't tell
    how old they are.

    They count even enfants because they are living, breathing human
    beings. Do you want to say that a person doesn't count toward a
    carpool unless they're 16? 18? 21?

    If a fetus is considered a full person, then why shouldn't it be
    counted toward the number of "people" in a carpool? You're sort of
    damned if you do, damned if you don't.

    So here again, if the fetus can't hold his head up above the
    height of the car seat back, he shouldn't be counted.

    Try enforcing that. It would be a nightmare.


    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
    www.avg.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Mon Jul 31 22:17:30 2023
    "micky" wrote in message news:buhgcih6cn18apsqae0avrpl12s5o97po3@4ax.com...

    In misc.legal.moderated, on Mon, 31 Jul 2023 16:06:49 -0700 (PDT),
    "Rick" <rick@nospam.com> wrote:


    There would have to be some additional rules in the legislation, such as >>verification of the fetus through a blood test, etc. There would also be >>some presumably unintended consequences such as the loss of tax revenue
    for
    the government due to a pregnant couple receiving an extra tax deduction >>and
    child tax credit if pregnant on December 31st. And if fetuses now count
    as
    people, does that mean we change the way we calculate ages, starting at >>conception rather than birth? That has all kind of implications for how
    we
    calculate milestones for child care, various age milestones such as dates >>to
    start school, attain legal adulthood, census reporting, etc. Of course, >>it would also settle the ongoing debate in some states over whether a >>pregnant woman can include her fetus in calculating whether she can ride >>car
    pool lanes.

    The purpose of the carpool lane is to get people to ride together, so
    they won't each drive their own car. To cut down on the general
    traffic level.

    AIUI, fetuses always ride with their mother and never drive their own
    car. So even if they can split inheritancese, I don't think they should >count for HOV car pool lane purposes.

    Do they even count children too young to drive in calculating how many
    people are in the car? If so, maybe it's because from a distance, all
    they see is a number of heads and they can't tell how old they are.

    So here again, if the fetus can't hold his head up above the height of
    the car seat back, he shouldn't be counted.



    Children too young to drive are indeed included in car pool lane
    calculations, so from a legal standpoint, it might be hard for the state to exclude counting fetuses if they are considered citizens.

    And infants in a child carrier would also be pretty hard to see from outside the car.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)