When five judges say it is!
Yup, it is right there in the Fourteen Amendment right in black and white, the National Archives writes…
I don’t know about you but it is pretty straight forward. “All persons born” it doesn’t have any qualifiers, nothing about being here legally or nothing about parents of U.S, citizen.
But all they need is five judges who read things in the Constitution that are not there.
But we all know that Trump’s court doesn’t care anything about precedents and the Constitution, just look at them over turning Roe v Wade.
But I will bet that the Constitution will not stop Trump!
WTF!
Let me ask this question… if an undocumented person commits a crime here in the U.S. are they subject to our laws? Then they are subject to the jurisdiction of the U.S.!
This is Bull S**t! This is nothing more then conservative xenophobia!
Given the conservative majority on the supreme court, it’s not a certainty that the right will remain in place
The Guardian
By Eric Berger
15 Dec 2024
Donald Trump probably will not be able to fulfill his stated aim of ending birthright citizenship in the US when he returns to the White House, but it is perhaps more conceivable than during his first term, according to legal experts.
The US constitution guarantees citizenship to anyone born in the country, even if they are the children of undocumented immigrants.
The president-elect said he would eliminate that right during his first term and again recently said during a television interview that he planned to and could use an executive action or would “maybe have to go back to the people”.
Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
But all they need is five judges who read things in the Constitution that are not there.
Still, given the conservative majority on the supreme court – and fact that one of the people considered a candidate for the court has argued that the provision does not apply to children of “invading aliens” – it’s not a certainty that birthright citizenship will remain in place, said Amanda Frost, a University of Virginia law professor and expert in immigration and citizenship law.
“At the end of his last presidency, if I was asked, ‘Is this something he can do?’ I would have said, ‘It’s never going to happen; it’s just a talking point,’” Frost said. “The constitution text and the judicial precedent and very long-standing practice and the purpose of the provision all say, ‘No,’ but at the end of the day, the constitution means what five members of the supreme court say it means.”
But in 2018, Trump said that he could – and would – use an executive order to end the right to citizenship for children born in the United States to non-citizens. He also has said inaccurately that the US was the only country that allowed birthright citizenship, when in fact many countries provide the same right.
“Congress has the power to define what it means to be born in the United States ‘and subject to the jurisdiction thereof’, ” the Republican Utah senator Mike Lee posted on X. “While current law contains no such restriction, Congress could pass a law defining what it means to be born in the United States ‘and subject to the jurisdiction thereof,’ excluding prospectively from birthright citizenship individuals born in the U.S. to illegal aliens.”
Let me ask this question… if an undocumented person commits a crime here in the U.S. are they subject to our laws? Then they are subject to the jurisdiction of the U.S.!
This is Bull S**t! This is nothing more then conservative xenophobia!
It will be interesting to see how the Trump SCOTUS and the lower courts rule on any executive order trying to bar or complicate citizenship of children born in the USA. Yes, there is some degree of questionable abuse as shown when there is birth tourism by Chinese nationals who come to the USA, have a child, obtain the birth certificate and immediately return home. Presto, the child now has dual citizenship. I suspect the number of babies born under this scheme is minute in relation to the total born to undocumented women. The door of litigation is cracked open because the Supreme Court case concerned a Chinese, born in American to legally here immigrants, who returned to China. I believe the test case is going to make that distinction. Will there be an executive order directing the local issuers of birth certificate to somehow determine the status of the babies parents? I heard it proclaimed that "American is for Americans!" What does that mean?
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