Trump Executive Order ends birthright citizenship
(twitter.com)
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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
Consider the case where:
M1 and F1 are US citizens abroad
They have a child, M2. M2 is a considered a "natural born citizen."
M2 never leaves that foreign nation.
M2 has a child with F2 (a US citizen abroad): M3.
M3 is not a US citizen as his M2 was never resident in the United States.
In the context of the Act, it seems like that clause is to prevent a chain of "natural born citizens" who never stepped foot in the US. It doesn't block citizenship by other avenues, it limits the naturalization act itself.
The act also limited citizenship to race and moral character. The entire point is no where is Jus Soli the metric, even the 14th avoids it and that amendment was ratified under a suspended constitution which makes it invalid.
This act defined citizenship by naturalization.
It said nothing about birthright and Jus Solis.
Did you really just spew that stupid when it literally word for word says that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States"? Show me anywhere in the constitution where it says jus solis, even the 14th explicitly avoids the term. I’ll wait!
How handy it is then that we have a President to use Executive Authority and not a King. No King, no Royal Decree.