The 14th Amendment revisited

06 November, 2018, 12:12 | Author: Myra Gill
  • UESLEI MARCELINO  REUTERS  Newscom

Then, on Tuesday, Trump threw another political bomb into the midterm elections, suggesting that he could with the stroke of a pen sign an executive order that would nullify the 14th amendment to the Constitution allowing birth-right citizenship. In the 120 years since U.S. v Wong Kim Ark, no judge or serious legal scholar has questioned this reading of the amendment's crystal-clear language.

"Hundreds of thousands of children born to illegal immigrants are made automatic citizens of the United States every year because of this insane, lunatic policy that we can end", he said amidst applause from his supporters.

The only way for the president to end birthright citizenship would be to amend the Constitution, which requires a two-thirds majority vote of the House and the Senate, and then for three-fourths states to approve the Amendment.

Birthright citizenship, made possible by the 14th Amendment, is the automatic granting of US citizenship to any Mexican, Chinese, Russian, Kenyan or Martian baby who is born on American soil.

Michael Anton, a former national security adviser for Trump, pointed out in July that "there's a clause in the middle of the amendment that people ignore or they misinterpret - subject to the jurisdiction thereof". So the White House did a masterful pivot, and raised the specter of scary "anchor babies" and the harm they pose to good, decent Americans.

Even conservative legal analysts favored by Trump say that the 14th Amendment's "grant of citizenship was beyond dispute", Barnes writes.

The plaintiffs also have yet to suffer any injury.

Donald Trump is like a dog with a bone when it comes to immigration.

Among the reasons Donald Trump is president is that his natural political instincts are superior to those of any other current figure.


In short, the plaintiffs have no basis to sue at this point.

Dr Thomas J. Adams is a senior lecturer in history and American studies and academic director of the United States Studies Centre at the University of Sydney.

However, "t$3 o be "subject to the jurisdiction" of the U.S.is simply to be subject to the authority of the US government ..." First he came for the First Amendment by attacking the press, and Republicans did not speak out. Reading "subject to the jurisdiction" of the United States as simply being subject to our laws really doesn't make any sense. An individual detained immediately upon crossing the border, or soon thereafter, has not "developed substantial connections with this country". To repeat: There was no federal concept of "illegal alien" at the time. But such an extension of the law is far from assured.

Eliminating birthright citizenship would create a new permanent underclass in the United States and could even leave some children stateless.

Immigration law, though, adopts a fiction necessitated by the reality of borders and border inspections.

SIMON: The first section of the amendment reads, (reading) 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. So this is a guy who was born in the United States of parents who are of Chinese descent.

"Experts agree a mass deportation strategy would blow a hole through the budget, reduce economic growth and tax revenues, result in massive violations of civil rights, tear families apart, and potentially remove millions of US citizens from the land of their birth", she said.

A second problem facing asylum-seeking members of the caravan stems from the nature of the violence they claim to be fleeing.

With a USA rule that dependents who turn 21 and still don't have a Green Card have to return back to the country of their passport, where would these children go, who are born in the U.S., but have Indian or whatever other citizenship status as their parent (s)? As terrible as those conditions are-and as understandable as it is that a mother would seek to flee from the gang-torn streets that could devour her young-Congress has not authorized the federal government to provide victims of gang violence asylum. Red state America will inevitably turn blue. But we haven't seen a mainstream push for this kind of action until now. But that is the law. Most leave for their home countries right after. And no border solutions.

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