705 upvotes, 5 direct replies (showing 5)
In any case, the Indian Citizenship Act of 1924 made all Native Americans US citizens. Arguing about a much earlier law is nonsensical.
Comment by carterartist at 24/01/2025 at 14:42 UTC
521 upvotes, 2 direct replies
It’s MAGA, everything they do is nonsensical
Comment by sezit at 24/01/2025 at 16:56 UTC
17 upvotes, 0 direct replies
That doesn't mean that far right judges and the Supreme Court loonies won't find some way to justify it.
They don't have to make sense, or even be factual, and what's more - they have proved it.
Comment by John-Mandeville at 24/01/2025 at 14:34 UTC
60 upvotes, 2 direct replies
The (IMO, specious) legal argument is that, if the 14th Amendment indeed excluded Native Americans--evidenced by that 1924 law as well as the Civil Rights Act of 1866--then its language ("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") can't be read literally, and instead needs to be read with the intent of the drafters in mind. The goal is to exclude children of foreign nationals born in the U.S. from citizenship, not Native Americans.
Comment by robocalypse at 24/01/2025 at 16:32 UTC
13 upvotes, 1 direct replies
The Supreme Court as all about "Originalism" these days. This is basically how they have been arguing most of the heinous decisions in the Robert's court.
Comment by chillinewman at 24/01/2025 at 17:14 UTC
7 upvotes, 0 direct replies
Perfectly sensical and perverse. Criminally corrupt everything to advance your agenda, in the name of the felon in chief.