Trump Executive Order ends birthright citizenship
(twitter.com)
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The offspring of invaders don't get to claim citizenship? Great. How on earth did it take us this long to address this?
It's in the constitution so this might not stick.
But if it holds then Canada will be the only country with birthright citizenship, a stupid concept.
The 14th amendment made all former slaves into citizens.
Since there are no more slaves, it doesn't apply.
There's no time limit on the amendment or any wording suggesting it only applies to slaves.
Because it's obvious? It's purpose was to stop confederate states from denying citizenship to freed slaves. That's it.
Yes, but also no. The authors of the 14th amendment were very clear with the "subject to the jurisdiction thereof" part that it didn't apply to the children of citizens of other countries. Later activist judges chose to ignore the explanations the authors gave when ratification was being debated and simply aggressively misinterpret it instead. The inevitable SC case on this EO will be interesting.
i have some confidence with the current SCOTUS having revoked Roe v Wade, they might rule in Trump's favor.
Should have done in back in 1492!
More seriously, won't stand, Jus Solis is at the very foundation of our nation, and it is embedded in the US Constitution (14th, Birthright Clause).
How is an amendment made under the suspension of the Constitution “at the very foundation of our nation”? Remember the south was FORCED to ratify the 14th to regain congressional representation, that blatantly violated the 9th and 10th amendments. In reality the post war amendments were done in blatant disregard of the constitution, just as Lincoln had no problem waiving the constitution and suspending habeus corpus to get his way.
The 14th codifies in the US Constitution what was the Common Law consensus. Born in US soil -> Natural born US citizen.
You can't define a nation if you have no legal definition of who your citizens are.
Congress can of course change what that definition is, but it can't be done by royal decree.
Completely false. The 1790 naturalization act completely obliterates that argument
How handy it is then that we have a President to use Executive Authority and not a King. No King, no Royal Decree.
Wrong, jus sanguinis is at the foundation. Jus soli was added much later, and written specifically to only apply to people without citizenship in other countries, like slaves and injuns.