this post was submitted on 25 Aug 2024

1 points (100.0% liked)

politics

19098 readers

4467 users here now

Welcome to the discussion of US Politics!

Rules:

Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

• Register To Vote

• Citizenship Resource Center

• Congressional Awards Program

• Federal Government Agencies

• Library of Congress Legislative Resources

• The White House

• U.S. House of Representatives

• U.S. Senate

Partnered Communities:

• News

• World News

• Business News

• Political Discussion

• Ask Politics

• Military News

• Global Politics

• Moderate Politics

• Progressive Politics

• UK Politics

• Canadian Politics

• Australian Politics

• New Zealand Politics

founded 1 year ago

MODERATORS

outrageousmatter@lemmy.world

aidan@lemmy.world

HLMenckenFan@lemmy.world

jordanlund@lemmy.world

little_cow@lemmy.world

Republican group cites Dred Scott ruling as reason Kamala Harris can’t be president (www.independent.co.uk)

submitted 2 months ago by Theprogressivist@lemmy.world to c/politics@lemmy.world

17 comments fedilink hide all child comments

The National Federation of Republican Assemblies (NFRA) has cited the infamous 1857 Dred Scott Supreme Court decision, which stated that enslaved people weren’t citizens, to argue that Vice President Kamala Harris is ineligible to run for president according to the Constitution.

The group also challenged the right of Vivek Ramaswamy and Nikki Haley to appear on Republican primary ballots.

The Republican group’s platform and policy document noted that “The Constitutional qualifications of Presidential eligibility” states that “No person except a natural born Citizen, shall be eligible, or a Citizen of the United States, at the time of Adoption of this Constitution, shall be eligible to the Office of President.”

The same document included former President Donald Trump’s running mate Ohio Senator JD Vance on a list of preferred candidates for vice president.

The group, which adopted the document during their last national convention held between October 13 and 15 last year, goes on to argue in the document that a natural-born citizen has to be born in the US to parents who are citizens when the child is born, pointing to the thinking of Supreme Court Justices Antonin Scalia and Clarence Thomas.

you are viewing a single comment's thread
view the rest of the comments

[–] ChlkDstTtr@lemmy.world 1 points 2 months ago (1 children)

“An originalist and strict constructionist understanding of the Constitution in the Scalia and Thomas tradition, as well as precedent-setting U.S. Supreme Court cases ... have found that a ‘Natural Born Citizen’ is defined as a person born on American soil of parents who are both citizens of the United States at the time of the child’s birth,” the document states.

The group then cites six cases including *Dred Scott v Sandford. *The 1857 ruling came a few years before the 1861 outbreak of the US Civil War over the issue of slavery, stating that enslaved people could not be citizens, meaning that they couldn’t expect to receive any protection from the courts or the federal government. The ruling also said that Congress did not have the power to ban slavery from a federal territory.

They’re kinda forgetting about the whole 14th Amendment thing which changes the constitution to ban slavery. An amendment is very different than a law banning slavery.

[–] KevonLooney@lemm.ee 1 points 2 months ago

Their interpretation isn't "originalist" or "strict" at all. It's just what they want to say, at any given moment. History would be very different if both of your parents had to be US citizens. The president of the US is required to be a "natural born citizen"

Of the 45[a] individuals who became president, there have been eight that had at least one parent who was not born on U.S. soil.

https://en.wikipedia.org/wiki/Natural-born-citizen_clause_(United_States)

For one, Donald Trump might not be president because his mother was born in Scotland.

https://www.newyorker.com/news/news-desk/donald-trumps-immigrant-mother

For those (uninformed) Trump supporters who claim she was a citizen when little Donny was born, that's true but her immigration process was much easier than it is today. This is it, in its entirety:

On May 2, MacLeod left Glasgow on board the RMS Transylvania arriving in New York City on May 11 (one day after her 18th birthday). She declared she intended to become a U.S. citizen and would be staying permanently in America.

Though the 1940 census form filed by Mary Anne and her husband, Fred Trump, stated that she was a naturalized citizen, she did not actually become one until March 10, 1942.[1][6][7] However, there is no evidence that she violated any immigration laws prior to her naturalization, as she frequently traveled internationally and was afterwards able to re-enter the U.S.

[She] became a naturalized citizen in March 1942

https://en.wikipedia.org/wiki/Mary_Anne_MacLeod_Trump