What Trump lawyers are doing by invoking Native people to defend the unconstitutional birthright citizenship EO is incredibly cynical and harmful. But this is not an accurate description of the cynical, harmful thing they are doing, and it's creating a lot of confusion. Brief thread. - ThreadSky

evanbernick.bsky.social • 29 days ago

What Trump lawyers are doing by invoking Native people to defend the unconstitutional birthright citizenship EO is incredibly cynical and harmful. But this is not an accurate description of the cynical, harmful thing they are doing, and it's creating a lot of confusion. Brief thread.

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dagies.bsky.social•29 days ago

Great thread, thank you!

mwwaters.bsky.social•29 days ago

The thing about the Elk decision majority that stands out is it runs with “Indians not taxed” and then never addresses whether Elk was in fact subject to taxation.

hlacey.bsky.social•29 days ago

To be fair, indigenous Americans are U.S. citizens, but only via statute. They were excluded by the Fourteenth Amendment's expansion of citizenship to all born in the U.S., as the text of that amendment does indicate.

evanbernick.bsky.social•28 days ago

Just fyi, if you respond with something along the lines of “it could be true that they’re planning X anyway, so you’re wrong and helping fascists,” I’m going to block you for missing the point and being an asshole

evanbernick.bsky.social•28 days ago

“The fascists aren’t doing fascist thing X, they’re doing fascist thing Y,” is the point

ericcolumbus.bsky.social•28 days ago

You may be happy to learn that there’s now a community note on that tweet, although the author plowed forward in a subsequent post agreeing with the community note but not exactly conceding his own error.

evanbernick.bsky.social•28 days ago

ok I would not expect him to concede error so that’s probably the best that could be hoped for

evanbernick.bsky.social•29 days ago

“Subject to the jurisdiction thereof” was widely understood in 1868 to exclude from birthright citizenship Native children whose parents had not renounced Tribal ties. So, too children of ambassadors and diplomats. For similar reasons—out of respect for sovereignty and treaty guarantees.

pfluegerlaw.bsky.social•28 days ago

📌

evanbernick.bsky.social•29 days ago

The Reconstruction Framers didn’t want to disrupt treaty relations or recognize the citizenship of members of Native nations with which the U.S. was at war. But they also didn’t want to deny U.S. citizenship to people who renounced their Tribal citizenship.

evanbernick.bsky.social•29 days ago

In the end, the Fourteenth Amendment made individuals who left their Tribe US citizens if they desired without imposing U.S. citizenship on nonconsenting Tribal members or empowering Congress to do so.

evanbernick.bsky.social•29 days ago

*Imposing* citizenship on Tribal citizens absent their consent was, as the Framers saw it, incompatible with Tribal sovereignty. The Framers cited the most pro-Tribal sovereignty decision in US history in support of their position. The 14A reflects that position.

evanbernick.bsky.social•29 days ago

What Trump’s lawyers are doing is claiming that the children of unlawful entrants and temporary residents are like children of Tribal citizens, they, too, are excluded from birthright citizenship. This is nonsense, because no, they're not.

rockymountviews.bsky.social•29 days ago

Going after Tribal citizens is just nutty and hateful.

evanbernick.bsky.social•29 days ago

Native citizens who maintained Tribal ties were not generally subject to the civil and crim law of the US when the 14A was ratified. So, not subject to jurisdiction thereof. Unlawful entrants/temporary residents today are subject to those laws. So, subject to the jurisdiction thereof. Done.

kreed57.bsky.social•28 days ago

It's in the Constitution ‼️ he can't just make an executive order and change that. I don't understand why it's even in court. To change any Constitution rule it takes 2/3 of the representative 2/3 of the Senate and 2/3 of the state...

bodhissatva89.bsky.social•28 days ago

Sigh. They do not care about the Constitution or laws.

dreemer24.bsky.social•29 days ago

Just imagine, these people have been seating back thinking of all of the evil things to do to every one.

katwitdown.bsky.social•29 days ago

This was most clear and informative. Thank you

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