I’m pretty skeptical that an Exec order of this type will have any chance of being upheld in the courts.
After all the 14th amendment explicitly states that: “”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States...”
I think the real purpose of the EO is to smoke out the opposition, both Pubbie and ‘Rat.
And the 2nd explicitly states "The right to keep and bear arms shall not be infringed", but plenty seem to think that's open to interpretation.
I'll just be happy to see the term "Anchor Babies" being discussed in the news. The left has hidden that element of the illegal invasion for far too long.
“subject to the jurisdiction thereof” is the key.
That’s the whole point. The “and subject to the jurisdiction thereof” clause has never been addressed by SCOTUS. Does mere physical presence (even if illegal) on US soil make one “subject to the jurisdiction thereof” for the purpose of birthright citizenship under the 14th amendment?
“...and subject to the jurisdiction thereof,...”
If a woman illegally crosses the border carrying a child and delivers that child on American soil it is NOT subject to the jurisdiction of the United States. Those who are naturalized have submitted themselves to the jurisdiction of the United States in order to become citizens.
Of course any federal judge nominated by a democrat president will almost certainly rule that I don’t have a clue but those nominated by Donald Trump may be more realistic.
An originalist justice would base his decision on the meaning of the clause “subject to the jurisdiction thereof” at time the amendment was ratified, not what libs or conservatives want it to mean today. Any legal scholars here know what the meaning of that clause was at the time of ratification?
The debate has always been are children of illegals “subject to the jurisdiction thereof.” It looks like we’re going to find out.
I’m pretty skeptical too, but then I have been a Vikings fan for almost 50 years and a conservative for more than half that time. I have learned (painfully) to not get my hopes up.
Are they really subject to the “jurisdiction thereof”. They have no regard for our laws, otherwise they would enter LEGALLY.