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.
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.