Trump Vows To End Birthright Citizenship

As in following the driving laws? Nope

 

This is that guy?

 

For sure. It's pretty easy to spot

 

Is it any surprise that a winner like that would be a huge Trump supporter?

 

So, Trump is going to end the US Constitution. Check.

 

He has already offered to suspend it.

 

He also once bragged that he was able to make his AI girlfriend phone ap have an orgasm.

 

Uh, except its not in the Constitution. Read the compete sentence; “[a]ll persons 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 Civil Rights Act of 1866 interpreted the 14th Amendment to presume that the US implicitly had jurisdiction over all persons born here, whereby through the act of birth citizenship was bestowed. The absurdity of such interpretation is set forth in the same Civil Rights Act, which expressly carves out an exception to this interpretation if the person born was "subject to a foreign power," or in other words, NOT subject to the jurisdiction of the US. The burden of establishing citizenship was effectively dissolved and the anchor baby was born. For the prior 100 years of the US there was no such interpretation of the 14th Amendment. This interpretation simply grew out of the Dred Scott decision to continue to stick to the South for continuing to push back against Federal aggression. "Birthright citizenship" is based on a Congressional act, not the Constitution.

 

You are wrong about that. The interpretation that "and subject to the jurisdiction thereof" came from SCOTUS dating back to at least 1898, as pointed out up thread, in cases like Wong Kim Ark... In that case, the court even acknowledges that his parents were subjects of China -- and even left the USA and moved back to China, but because at the time of his birth they were not diplomates (above the law), didn't work for the emperor (agents of China), and never did anything to suggest they had lacked allegiance to the USA, they were therefore subject to the jurisdiction of the USA while living here. The Civil Rights Act of 1866 didn't "carve out an exception" -- it couldn't have, the 14th amendment wasn't passed until 1868 -- but later SCOTUS and the legislature converged on the same interpretation ... and you think the president can unto 160 years of SCOTUS and legislature agreement on birthright citizenship with an E.O?

 

Ending birthright citizenship is another very bad idea from Trump. It’s part of our identity as a nation. I love American exceptionalism.