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It isn't a question of being concerned about "poor American natives," "racist" or even a question of what the best outcome is from a policy perspective. Its a question of Constitutional interpretation and, in that regard, there really is not much of a question.
The Constitution states that "all people born . . . in the United States" are citizens provided that they are subject to the jurisdiction of the United States. There is little doubt that babies born in the United States are both "people" and subject to the laws of the United States (unlike, say, a diplomat or Native American prior to 1924). Ergo, children of illegal immigrants born in the US are US citizens.
The Constitution provides for a mechanism to change the language of the 14th Amendment, but Trump's proposed Executive Order quite clearly does not fall within those guidelines.
Agreed. I will also point out that while the 14th is one of the Civil War amendments, it was not wholly directed to slaves, as many believe.
We, as a country, also had marked social unrest concerning others considered 'undesirables', such as the Irish and Roman Catholics (remember the "Know Nothing" party?).
With said amendment, those that immigrated to the USA, such as from Ireland, Italy, etc., could be assured that their children, born here, would automatically be US citizens. It was one reason for the boom in immigration through Ellis Island. Even if those coming through did not go through the process of becoming 'naturalized' citizens, they knew that their heirs would be citizens.
As I said, I am not against amending the Constitution to provide that, for a child born here be considered a US citizen, that at least one parent (or perhaps two grandparents and one parent) be a citizen.
It's true in much of the Americas. Because we used to try to be exceptional, different from the rest of the world. But I guess 200 years of global economic and cultural dominance needs to take a backseat because Trump makes you scared.
Oh yeah, Thanks to the illegal immigrants coming here, this country is still number one. I guess I need to personally thank the illegals for global economic and cultural dominance. No thank you, I paid my taxes. I thank my grandparents and my parents ONLY, thank you very much.
I don't see how any originalist can justify that this is constitutional. When the 14 Amendment was passed, we basically had open borders. The caveat in it is clearly for Native Americans and Foreign Diplomats. Wong Kim Ark was decided not long after passage of the amendment in a time when the court could not be perceived as being activist.
I doubt he will do anything, this is just to rile up the Dems so they will say stuff the will motivate his base.
Seriously I live close to the Mexican border and it is a huge issue. Everyone south of the border understands how it works and they just need one family member born here and its like they won the lottery. Hopefully the new SCOTUS will uphold this.
Let's take it back to 1865! Or 1776. Guess what? You're probably not a citizen unless your ancestors were slaves. There is good reason that immigrant nations in the western hemisphere almost all have birthright citizenship.
It isn't a question of being concerned about "poor American natives," "racist" or even a question of what the best outcome is from a policy perspective. Its a question of Constitutional interpretation and, in that regard, there really is not much of a question.
The Constitution states that "all people born . . . in the United States" are citizens provided that they are subject to the jurisdiction of the United States. There is little doubt that babies born in the United States are both "people" and subject to the laws of the United States (unlike, say, a diplomat or Native American prior to 1924). Ergo, children of illegal immigrants born in the US are US citizens.
Let's shed some historical light on your gross misunderstanding of the 14th Amendment...
1) Article XXV Section 1992 of the 1877 Revised Statutes, enacted 9 years after the 14th Amendment was ratified, which clarified exactly who are U.S. citizens at birth per the Constitution:
"All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States".
2) U.S. Secretaries of State determinations as to exactly who has birthright US citizenship, after ratification of the 14th Amendment:
Secretary of State Frederick Frelinghuysen (1881-1885) determined Ludwig Hausding, though born in the U.S., was not born a U.S. citizen because he was subject to a foreign power at birth having been born to a Saxon subject alien father.
Similarly, Secretary of State Thomas Bayard (1885-1889) determined Richard Greisser, though born in Ohio, was not born a U.S. citizen because Greisser's father, too, was an alien, a German subject at the time of Greisser's birth. Bayard specifically stated that Greisser was at birth 'subject to a foreign power,' therefore not "subject to the jurisdiction of the United States" within the meaning of the Fourteenth Amendment.
Current US Nationality Law does nothing to change any of that, except for the exception made in 1924. for those born in the US to members of US aboriginal Tribes.
I don't see how any originalist can justify that this is constitutional. When the 14 Amendment was passed, we basically had open borders. The caveat in it is clearly for Native Americans and Foreign Diplomats. Wong Kim Ark was decided not long after passage of the amendment in a time when the court could not be perceived as being activist.
I doubt he will do anything, this is just to rile up the Dems so they will say stuff the will motivate his base.
Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil.
Although this is good news, I am with you there, I doubt he can be able to do it. We will have to wait and see.
Depends on the interpretation now doesn't it? Yeah it does. It will go to SCOTUS and finally be resolved. It wasn't meant to be used as a citizenship generator for foreigners and everyone knows it but they cheat the system with it.
I have no issue with eliminating birthright citizenship.
I agree it will land in the lap of the SCOTUS.
It does not matter what the original intention was. 150 years of recognizing birthright citizenship has been the practice in the US.
There is no standard birth certificate in the US. States and juristrictions within states issue their own form. Reportedly, there are more than 14,000 versions of a US birth certificate.
Not all births occur in a hospital. Texas and California reportedly have the highest incidence of midwife or unassisted births.
Looking at my own BC, it is proof I was born in the US. Says nothing about my parent’s citizenship. Neither of my parents were born in a hospital. I assume their births were recorded at some point in time.
Seems to me there would need to be an effective date- all births after xx/xx/ xxxx require proof of citizenship of at least one parent. How does a parent prove their citizenship beyond that they were born in the US or naturalization papers?
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I guess I need to personally thank the illegals for global economic and cultural dominance. No thank you, I paid my taxes. I thank my grandparents and my parents ONLY, thank you very much.
