LyrArc Article Gist
The Nation is faced with another Supreme Court decision as in 1868 for the 14th Amendment, in 2025 on birthright citizenship. The 14th Amendment was written in the 19th century it had no concept of the 20th century and absolutely no idea of the 21st century we live in, unable to even conceive of conditions today, or even think of setting rules for immigration today. It rejected the Dredd Scott decision of 1857 denying black people rights as citizens, restating the law of the land, had nothing at all to do with stating the opinion of the Judiciary on whether a mother flying in from Asia could secure US citizenship for a new born child by merely visiting the US. As in 1857, in 2025 the law is based on assumed historical facts as Lincoln said on Dredd Scott decision, that are not really true.
Lincoln said in 1857- "That burlesque upon judicial decisions, and slander and profanation upon the honored names, and sacred history of republican America must be overruled, and expunged from the books of authority."
The 14th Amendment was written to give black people the rights of citizens of the US, in a complete repudiation of the Dred Scott decision of the US Supreme Court of 1857 that deprived black people of rights as citizens because Judge Tanney said the British Empire had set up the institution of slavery in the American colonies and the British were responsible for the institution, little we can do about it. When by 1807 slavery was being banned in Britain and in 1838 totally banned in the British Empire. It created the idea that Americans were not the master of their destinies after the departure of the British to choose which institutions they would keep and which they would reject including slavery. Abraham Lincoln citing President Andrew Jackson said each the executive, the judiciary, Congress, and the common man were entitled to their own view of the US Constitution as they understood it. Lincoln also said Judge Tanney's decision in Dred Scott case was based on assumed historical facts that were not really true- Judge Tanney making no mention of the fact that in 1857 the British Empire had already abolished the institution for 50 years.
The DJT Executive Order banning birthright citizenship shown here on the White House site has the title- Protecting the Meaning and Value of American Citizenship. It is written in simple language in 1 page -Purpose, Policy, Enforcement and Definitions, Provisions.
The purpose clearly states that the Dred Scott decision of the US Supreme Court in 1857 is what the framers of the 14th Amendment had in mind when they drafted the 14th Amendment of the US Constitution. A reading of the 14th Amendment makes this abundantly clear. The wording comes out at the outset reversing the Dredd Scott Decision of 1857. It's repudiation was why the Northern and Southern States fought the Civil War. The National Archives say that with Dred Scott decision to allow the spread of slavery to American territories in the West, America moved one step closer to civil war. With such momentous events in the history of the US 1857-1868 the framers of the 14th Amendment were not sitting down to write rules about what was right for America a century and a half later.
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