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Author’s note: Bette community member Martin Sheil — a retired IRS criminal investigator who has led many of our Happy Hour events — is recovering swimmingly from a health scare in May. He sends thanks to everyone who sent well wishes his way.—hsc

Photo courtesy Cathy Sheil

LETTERS TO BETTE: Can SCOTUS Read Plain English?

by Martin Sheil

H,
We know that SCOTUS has been struggling the past few months with such basic English vocabulary as 'facilitate ' and ‘through' but if the Supremes are going to do justice to 'THE BIRTHRIGHT DECISION' they will be required to read the 14th Amendment to the Constitution for their homework.
The 14th was not written in OLD ENGLISH LIKE BEOWULF BUT IN REGULAR ENGLISH THAT MOST OF OUR CHILDREN COULD READ AND UNDERSTAND WITHOUT A TUTOR.
TUTORS COULD BE HIRED AS CONSULTANTS, HOWEVER... JUST A THOUGHT...
A refresher on the Fourteenth Amendment, Section 1:
“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.”
Based on the first sentence of Section 1, the Court has held that a child born in the United States of say, Chinese parents, who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.¹
The requirement that a person be subject to the jurisdiction thereof, however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,² or children of members of Indian tribes subject to tribal laws.³
In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents.⁴Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States.⁵
That seems straightforward enough - does it not?
Donald Trump issued an Executive Order shortly after his second Inauguration essentially annulling the 14th Amendment and forcing millions to question the propriety of their citizenship that is to be now decided by the Supreme Court and the whole question turns on their reading of the above graph…
Should the Supremes apply an originalist legal lens to what most legal scholars see as the sacrosanct Constitutional Birthright bedrock basis of the so-called Birthright citizenship rationale THAT HAS WITHSTOOD LEGAL CHALLENGES FOR MORE THAN A CENTURY, THAN DONALD TRUMP WILL SUCCESSFULLY HAVE TURNED THE CONSTITUTION ON ITS HEAD AND THE MAGA MOB CONTINUES ITS IMMIGRATION CHARGE AGAINST BLACK AND BROWN CITIZENRY TO TURN BACK THE CLOCK AND MAKE AMERICA WHITE AGAIN! YOU KNOW - THE WAY IT WAS WHEN THE CONSTITUTION WAS WRITTEN WITH THE EXCEPTION OF A THE SLAVES THAT ESSENTIALLY CONSTRUCTED WASHINGTON. (Heidi’s note: Marty going full All Caps!)
So the constitutionality of Birthright citizenship comes down to whether SCOTUS reads the 14th Amendment clearly and without prejudice or legal bias (originalism).
English tutors everywhere are rooting for them - particularly those whose English is a second or third language, but don't feel that makes them second class citizens since they were born in America just like the Supremes were!
Thanks for listening,
Marty

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LETTERS TO BETTE: Can SCOTUS Read Plain…