Pat Buchanan: Birthright Citizenship Allowing Illegals to Grow Population
Pat Buchanan: Birthright Citizenship Allowing Illegals to Grow Population
Obama Hits Back At Trump's Claims He Can End Birthright Citizenship
06 November, 2018, 22:57
President Trump says he will issue an executive order abolishing the birthright of USA citizenship for children born by illegal immigrants.
If a constitutional law scholar like President Barack Obama tried to amend the Constitution with a stroke of the pen via executive action I would be alarmed. Executive orders - like presidential rhetoric - can reset the policy agenda.
The vast majority of the 32-page complaint similarly seeks to castigate the commander-in-chief instead of laying out a legal basis for Honduran citizens to sue our government under the U.S. Constitution. The 14th Amendment - which declares, "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" - can not be changed by executive order, or even by an act of Congress.
"It's insane. But we're getting it all worked out", he said assuring his supporters that he will work to end birthright citizenship. So this is a guy who was born in the United States of parents who are of Chinese descent.
Birthright citizenship wasn't then - and is not now - unique to the United States.
Opponents of birthright citizenship argue that because undocumented parents still owe their allegiance to a foreign country, their children born in the United States do not owe complete allegiance to the United States, and consequently should be denied citizenship. "And it has to end".
If Trump is successful in this, he would be going against the 14th Amendment of the United States Constitution.
In response to anchor baby tourism, the UK, Australia, South Africa, France, New Zealand, Germany, and Ireland have all changed their immigration laws requiring the child to have been born to at least one citizen parent or to a legal permanent resident with several years of domicile. "Now they're saying I can do it just with an executive order".
However, "t$3 o be "subject to the jurisdiction" of the U.S.is simply to be subject to the authority of the USA government ..."
According to the Constitution Center, there was no time period for ratification of a proposed Amendment by the states.
They simply changed their laws of citizenship.
Presidents can not revise the Constitution with executive orders.
Yet should Trump issue an executive order and lose in the Supreme Court, the controversy could raise public consciousness and force Congress to enact legislation to clarify what the 14th Amendment precisely means. To the contrary, the U.S. Citizenship and Immigration Services (formerly INS) is not reputed to be an agency created to keep families together. For all the claims that Trump's response to the caravan has been an exercise in political theater, this meritless lawsuit, steeped in hyperbole, instead provides the ideal example of politicizing immigration.
"It's in the process, it will happen".
As of right now, there is no executive order, so there is no need to cause a massive uproar or anything, but you should still be anxious.
I'm with Trump on both counts, but my opinion does not count. If Congress passed a new law ending birthright citizenship, the courts would immediately hear challenges rooted in the 14th Amendment, with Wong Kim Ark a key precedent.
But, upon reflection, I kept returning to the second half of my American legal history unit.
If you are born in the United States, you are a USA citizen.
But Andy and I differ on one very important point: whether the misinterpretation of the Amendment can be changed by executive order. This was confirmed in a number of cases including United States v. Wong Kim Ark, which involved a man born in the United States to Chinese parents who were statutorily ineligible for naturalization due to their race. Burdening them with the constant fear of deportation to a place they have never known is cruel and against the liberal ideologies and human rights beliefs that America needs to protect. While it is true that our country has an immigration problem, that problem is not with undocumented immigrants, but rather with a broken system in need of significant reform.
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What it would mean: This would be a clear repudiation of Trump, and there would be no other way to spin it. The party holding the White House has lost seats in the House in all but two elections in modern history.
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