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Ending Birthright Citizenship Could Put All Americans' Nationality in Jeopardy

Ending Birthright Citizenship Could Put All Americans' Nationality in Jeopardy

Executive orders can not overrule the Constitution; it takes an amendment passed by two-thirds of each house of Congress and ratified by three-fourths of state legislatures to change the Constitution.

There are arguments on both sides.

"We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits", Trump said.

"It's ridiculous. It's ridiculous".

"All person 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", the Amendment reads.

The short answer is yes.

But quite possibly the law of citizenship could be changed by the U.S. Congress and signed into law by the President.

"I'm a believer in following the plain text of the Constitution, and I think in this case, the 14th Amendment's pretty clear, and that would involve a very very lengthy Constitutional process", continued Ryan on Tuesday. Donald Trump's vow to remove the right to citizenship to babies born in the United States to immigrants and non-citizens has an unexpected bioethical angle. The Aguilar children were US citizens by virtue of their American birth, but their parents faced deportation back to their homeland of Mexico at the time. "We have a right and responsibility to protect our nation", Grossman said.

But the truth is these migrants do not intend to sneak across the border under cover of darkness, but plan to present themselves to USA border officials, pleading US asylum from crime, oppression and violence.




In 1995, Walter Dellinger, then the head of the Department of Justice's Office of Legal Counsel, testified before Congress on the department's position that any action to limit birthright citizenship would be unconstitutional.

It was unclear whether he knew what he was doing in this case. This was confirmed in a number of cases including United States v. Wong Kim Ark, which involved a man born in the United States to Chinese parents who were statutorily ineligible for naturalization due to their race. The case of Plyler v. Doe 457 USA 202 (1982) did.

Another supporter said the 14th amendment was created to address slavery and, "It wasn't designed for this". Texas has for years said it won't accept Mexican identification cards when issuing birth certificates for children of people in the United States to undocumented parents. The Court held that Wong Kim Ark, who was born in San Francisco, was in fact entitled to birthright citizenship, stating that the term "subject to the jurisdiction of the United States" excluded two classes of people other than Native Americans: children born of alien enemies in hostile occupation, and children of diplomats of a foreign state. "The original public meaning of the 14th Amendment - which conservatives properly believe to be the lodestar of constitutional interpretation - affirms birthright citizenship". The last great wave of immigration to the USA was followed by a near immigration moratorium.

That marked the end of segregation.

According to the Constitution Center, there was no time period for ratification of a proposed Amendment by the states.

Given this judicial philosophy, they're unlikely to unwind the clock 120 years. Recently, Michael Anton, formerly the spokesman of the president's National Security Council, argued in a Washington Post op-ed that a simple executive order would suffice to rewrite the 14th Amendment. As originally understood when Congress proposed the amendment in 1866, that referred not merely to the obligation of following USA laws but also, and more important, to full political allegiance. But the USA attorney general made a decision to push the issue further, and his case ended up at the Supreme Court.

But the court ruled that having emerged from the womb in San Francisco, he was.

"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 USA citizens from the land of their birth", she said.

Yet the gaps between Asian and white Americans, and Hispanic and African-Americans - in income and wealth, crime rates and incarceration rates, test scores and academic achievements - are dramatic and are seemingly enduring.