Tuesday, February 25, 2025
Commentary: The Constitutional Question of Birthright Citizenship
President Trump often trumpets American exceptionalism, but an executive order scheduled to take effect this week seeks to uproot a longstanding policy not found in much of the developed world: granting citizenship to the children of illegal immigrants born on U.S. soil. Under his order, the babies would, instead, inherit the immigration status of their parents.
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I don't know who (or if) Trump has put in charge of the irs, but I'd love to see those judges and their spouses get audited.
ReplyDelete-lg
Its going to take more than an executive order to change that. Even though the intention of the 14th amendment was to enfranchise the folks who had been slaves, we’ve had over 100 years of interpreting it with a broader meaning. I really doubt congress has the intestinal fortitude to craft a law that would eliminate the current interpretation.
ReplyDeleteWant to bet?
DeleteI agree - I don't like Birthright citizenship very much, but I think there's way too much precedent out there to change it without an amendment and I don't believe you could get ratification from the Blue States.
DeleteI don't think it will take an amendment (an amendment to an amendment?) but just a clarification from SCOTUS, which could indeed rule that "birthright citizenship" is not meant for people born here of illegal aliens. It's a ridiculous idea in the first place, similar to someone breaking into your home, dropping a child while there, and then claiming that the child if your heir and you have to feed, clothe, and educate the little bugger.
DeleteThe 14th Amendment was ratified in 1868, for reasons which are now lost to history. I mean, that was, like, a hundred years ago.
ReplyDelete165 years ago to be exact.
DeleteThe reasons aren't "lost to history". They've been corrupted by perverse Demonrats seeking new voters because their message is shit and has been almost since the 14th was ratified.
DeleteNemo
You need to get out more...
DeleteIf the 14th granted citizenship to everyone born in the US, why did Congress have to pass the Snyder Act in 1924? It appears the 14th DID only apply to former slaves.
ReplyDeleteThere are @ 8 US Counsel offices in Mexico. Everybody passing through could have signed up and done it legally. Now they are criminals (by choice) that made themselves removable targets..
ReplyDeleteBirth tourism didn't exist in 1868. Before air travel, immigration was a one-way trip.
ReplyDeleteSomething something “White men of good character” something something.
ReplyDeleteAmerica is part of millennia-old European genetics, culture, language, and civilization.
A mouse born in a horse born can never be a horse.
It'll be a 5 - 4 split on the Supreme Court, but which way all depends on how Chief Justice Roberts goes.
ReplyDeleteI remember reading somewhere that the birthright citizenship was more recent than the 14th. And I don't think it was reinterpreted at the SCOTUS level, it was something else. Though I don't remember if it was an executive order or judicial "legislating from the bench" stuff.
ReplyDeleteJohn G.
Fuck em, get the fuck out and take your brats with you..
ReplyDeleteJD
Anchor babies like California Senator Alex Padilla and former AG Xavier Becerra will fight it tooth and nail.
ReplyDeleteSCOTUS has no enforcement power. Congress does but the only enforement power they have is to defund the executive. They won't have the balls to do this because ending birthright citizenship is widely supported by the voters of bothy parties. President Trump should do the right thing and accelerate his deportations without concern for the unconstotution al interfernce by intellectually and morally bankrupt lower judges.
ReplyDeleteThe issue of children of ILLEGALS born on US territory was NEVER addressed by SCOTUS. The reason this issue has never come up before is self-evident: the United States has never before been more densely populated with morons, madmen, perverts, and traitors. Adam Shiff is one of many all-in-one examples in Congress.
ReplyDeleteThe 14th Amendment applies ONLY to the children of slaves and their descendants. This original intent was openly stated on the record in Congress by the US Senators who sponsored and debated the Amendment.
Unfortunately, the "United States v. Wong Kim Ark, 169 U.S. 649 (1898)" SCOTUS ruling basically threw the 14th Amendment's original intent out the window. A young man was born in America to Chinese parents who were in the country LEGALLY. Eventually, Ark claimed citizenship and SCOTUS ruled in his favor.
In the 1898 SCOTUS ruling, the Justices were under significant political pressure to encourage emigration, which America desperately needed. Low population was an existential threat after the Civil War and before WWI. There was no income tax, social security, medicare, medicaid, and other nanny-state incentives at the time of this ruling. The SCOTUS couldn't have imagined that foreigners might one day mass-invade motivated to become government wards. Or be used as an attack-vector by enemy nations. Nor would it occur to the Justices that latter generations would confuse legal and illegal aliens.
Anyway, this ruling is where the "anchor baby" loophole originates. Visiting diplomats, H1B workers, tourists, or whoever else legally visiting the US can drop a kid on US soil to have a foot in the door for all the free gub'ment goodies. Then they can all go back to BFE and collect social security, disability, welfare, etc and never pay US taxes.
Trumps is addressing only the illegal alien aspect (for now). Invaders and their children are not legal citizens, nor have they ever been. The POLICIES of the Congress and the Executive Branch since the 1960s have been to IGNORE the problem and pretend there is no distinction.
This illegal anchor-baby crap can be stopped. Trump can do it. You watch.
Thanks for the excellent summation!
DeleteJpaul
as it should be!
ReplyDeleteMy daughter was born in Germany while I was stationed there. We took her home when we left. Get it "HOME"!! The most humane thing we can do for illegal immigrants is to get them back home where they belong and their children too.
ReplyDelete