[El Gato]

So, the problem of pregnant aliens struggling through the deserts of Arizona to have a baby in the United States, who would be a birth-right citizen and help the whole family get into the United States, is easily solved. Congress can BY LAW define such children as “not subject to the jurisdiction,” just as it has historically for foreign embassy personnel in D.C. That would solve this problem.

An easier solution, from the standpoint of future litigation, would be to ban the use of such anchor babies to allow the parents and other family members to remain in the US. Just deport the parents regardless of the presence of such an anchor baby or anchor babies. Let them decide whether to take the kid(s) home with them or not.

That would probably be achievable by Executive order, but at the most it would also require a change in the law. But it would be a law much less subject to challenge on Constitutional grounds.

I tend to disagree that a mere law can redefine the terms used in the Constitution. That's a very dangerous path to go down.

[Congressman Billybob]

I am NOT suggesting that Congress can by law “redefine” terms in the Constitution. I AM pointing out that the 14th Amendment gives Congress explicit power to legislate concerning US jurisdiction over aliens and their children.

This power is, as I say, right there in the text of the 14th Amendment.

John / Billybob