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In reply to the discussion: Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American man [View all]Scalded Nun
(1,690 posts)The treatment of Native Americans by the US government (and to be truthful a huge segment of its population) has been forever disgraceful. This appears to be another case of a convenience to get what they want.
The argument "the children of subjects of any foreign government born within the domain of that government" cannot be used as the tribal lands have always been within the domain of the US government. You cannot have it both ways. One one hand saying their land is sovereign and on the other hand move tribes and/or take whatever land the government wants for whatever reason the government has. Many times at the behest of corporations who want that land for various (many times deceitful/nefarious) reasons.
And legally...
If those fucking, disgusting, treasonous idiots in the White house want to refer back to 1884, they need go no further than to The Indian Citizenship Act of 1924. Any rationale relying on the 1884 SCOTUS ruling was nullified by that Act.
They may very well be counting on Alito to pull another 400 year-old reference out of his ass to save them. Pardon the exaggeration on the 400 years.