“And if he focuses on the judges...”
So we are going to turn to the Black Robed people, as Mark Levin basically calls them, to declare our future?
Government by SCOTUS in the end?
Is that conservatism?
Well, I disagree with the judicial interpretation of the 14th Amendment. I agree with the others here that birthright citizenship for illegal aliens and people coming in on tourist visa's and such is not what was intended by the 14th. I think a new court with originalist, conservative justices may overturn the current judicial view of this which opens the door for the Legislative and Executive branch to change the law.
I would rather this issue be hashed out by the Legislative and Executive branches, but the court won't allow that to happen. So it's either a constitutional amendment or new judges. I think the odds of a constitutional amendment are 0 - even after the best of electoral circumstances. Therefore if we want to end birthright citizenship, we need better judges.
Sometimes the court just gets it wrong, and sometimes it is wrong for a very long time. I would also prefer a court that overturns Roe v Wade. That doesn't make me a judicial activist, it makes me someone who wants to correct for past judicial activism. In no way do I believe the 14th amendment was ever meant to grant birthright to hordes of illegal aliens pouring across the border. All the court has to do is find that this wasn't the original intent of the 14th and open the door to the people through the Legislative and Executive branches to put an end to it.
There is no law supporting birthright citizenship.
Illegals are not “subject to the jurisdiction” of the US because they are legally citizens of their home country.
Let’s put it a different way. If an illegal was to be deported to his or her country of citizenship, would that be the United States? Does not both US and International Law support this?