Trump is right – ending birthright citizenship is constitutional

Fox News ^ | Oct. 31, 2018 | Hans A. von Spakovsky

[Religion and Politics]

While I wouldn’t bet on a success with the current court, adding one more originalist to the court could be sufficient to see them uphold an Executive Order doing away with the current birthright citizenship treatment.

An Executive Order would not be permanent though, and that is a hole big enough to drive a truck through.

Wouldn't it be better for a case to be brought to SCOTUS challenging the status of certain citizens or something? Why would it take an Executive Order to apply the restriction of the amendment?

[Gay State Conservative]

It seems to me that SCOTUS will be ruling on this somewhere down the line...perhaps within the next couple of years.

[newfreep]

Author Bio:

Hans Anatol von Spakovsky is an American attorney and a former member of the Federal Election Commission. He is the manager of the Heritage Foundation’s Election Law Reform Initiative and a senior legal fellow in Heritage’s Meese Center for Legal and Judicial Studies.

[Pollster1]

The 14th Amendment does mention “subject to the jurisdiction thereof”. If that phrase means anything, it has to restrict the general citizenship grant to a subset of those born in our territory. The reasonable interpretation is that citizenship is restricted to those born to parents with no other legal allegiance at the child’s birth - legal permanent residents.

[vortec94]

You should have seen Judge Jeene on The Five quoting chapter and verse that the President had the power. It was impressive.

[ridesthemiles]

Did your ancestors SNEAK into the USA or did they arrive with papers-—health screenings-—a sponsor-—a place to live, ETC?

My ancestors also came here from Norway.

They had to get thru Ellis Island & have all the items I listed above-—and more. It was NOT unusual for a family to get together & send one or two family members to the USA, let them get established, and then those first arrivals were the sponsors for the new arrivals. They would cram into one house, and work hard together to help each other.

There is a difference between INVITING someone into your home for any reason.....and a home invasion from criminals, who have no jobs, no skills, and are only looking to TAKE from you & yours.

[ridesthemiles]

I believe that this will be fast-tracked to the USCC.

People who are regular American citizens would have ‘NO STANDING’ to sue, and those who are anchor babies would have to disclose just exactly HOW heir parents got to USA soil in the first place.

[ridesthemiles]

IF there is strong resistance to Trump’s clarifying the 14th Amend, then I see him putting a rundown of the costs they are sucking up EVERY DAY in EVERY STATE.....and not in just broad strokes.

I wouldn’t put it past Trump to show how many illegals there are on EVERY state’s welfare rolls and all the other costs-—prisons—prosecutions—legal costs due to car accidents done by illegal drivers with NO insurance...Every household in the USA has the right to actually KNOW these costs-—in DETAIL. When a normal family of 3 or 4 finally learns that an illegal on welfare has more $$$ spent on them and that they actually have a higher standard of living-—by sucking off the taxpayers-— heads should roll.

IF the states won’t comply quickly in providing this information, I see Trump cutting off funds to them in a variety of ways. Trump doesn’t tolerate a non-responsive demand.

Trump didn’t get to be such a strong business man by ignoring the details.

I expect details about the TRUE costs of these illegals to be put in front of the US taxpayers on a very widespread basis....even if mailed to every household in the country.

The media will scream, but to continue to support a criminal class has consequences for those state politicians.

[ridesthemiles]

words # 10-11-12-13-14-15 are the key words in the beginning of the 14th Amendment.

This law was written, passed & ratified when millions of sneak-in illegals were not even on the radar. 1866 isn’t 1960.

[MayflowerMadam]

Bless you for watching The Five and reporting back. I can’t go there with Dana Perino and Juan Williams on the panel.

Good for Judge J. for getting out the word.

[Yosemitest]

Thanks.

~ Reverse the Magnet ~

This is what it takes:

   1. Secure the border in a transparently verifiable way;

   2. End the anchor-baby interpretation of the 14th Amendment;

   3. Enforce E-Verify without exception and with severe penalties;

   4. End chain migration. Entry per individual qualifications, not family ties;

   5. Deportation upon contact with any law enforcement agency - federal, state, or local;

   6. No government benefits beyond critical emergency care (and that ought to be billed back to the home government);

   7. No "Path to Citizenship" - EVER - for anyone who has entered the US illegally.

Any measure which does not accomplish these things is unacceptable.
It is de facto amnesty.
And it will inevitably, ineluctably encourage millions and millions more illegal entries.

Sounds like a great "Plan of Action" to me.

We need to REQUIRE that students AND VOTERS UNDERSTAND the Constitution.
They must actually READ THE CONSTITUTION !
EXCERPT ...

RUSH: ... But it is a seminal moment
when a political party, as its official position, refuses to accept election results.
That’s where we are, and that’s why we’re where we are.
They refuse to accept it, for whatever reason.
They hate Trump, they don’t feel good about it, they disagree, whatever.
Doesn’t matter why.
Just the fact that they refuse to accept the results is a horribly dangerous thing.
Because what if it keeps up ?
What if the only time there is peace in America is when they win elections ?

You know, I predicted some time ago that they’re gonna figure this out at some point,
and the natural conclusion to figuring this out is,
“Well, let’s just eliminate elections !
If elections are what’s holding us back, let’s find a way to eliminate ’em !”
People laughed.
“Come on, Rush. That’s never gonna happen.”
Do not ever say the left isn’t capable of anything ever.
So now Trump,
rather than being intimidated by their refusal to accept his election,
rather than get his feelings hurt,
Trump doubles down, triples down.

Every time they hit him, he hits back with additional energy and verve —
and I’m telling you, this promise with an executive order to end birthright citizenship is huge,
and it’s why he was elected.
When things are going terribly wrong — and they are in our country right now.
When things are terribly wrong and out of control, you have to have somebody willing to go outside the so-called boundaries,
and Trump’s doing it every day and willing to do so.
Because this is what pushing back —
this is what defiance, this is what changing what the left is doing
— looks like.

It was never gonna be pretty.
It was never gonna be quiet.
It was never gonna be clean.
It requires a strong stomach and strong fortitude.
I don’t think any elected Republican other than Trump…
Even if they had made the promises Trump made,
I think all of them would have caved by now.
But Trump hasn’t.
He doubles down.
“Right. I’m gonna issue an executive order;
I’m gonna end birthright citizenship.”
Let me read to you the 14th Amendment and how it begins.
“All persons…”



Now, the 14th Amendment goes back to 1866.
I think it was ratified by Congress in 1866.
It was passed by Congress; ratified by the states two years later.
So in 1866, it was passed by Congress and ratified by the states in 1868,
and its original intent was to grant citizenship to slaves and their descendants.
It was part and parcel of the post-Civil War era of America fixing itself.
It was a good thing.
Our Constitution was written so that mistakes at the founding could be corrected.
The vast majority of people knew slavery at the founding was untenable,
but they needed the union in order to fight the Revolutionary War.
They needed the southern states.
They needed unity to do that

so they had to accept slavery,
but they built in safeguards to wipe it out,
and it happened in 1868 when the 14th Amendment passed.

It begins this way:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the U.S. and of the state wherein they reside.”
It was clearly intended to be referring to slaves and their descendants.
The parts that birthright citizenship, uh, freaks have to delete are
“naturalized”
and “subject to the jurisdiction thereof.”
You are not naturalized and you are not subject to the U.S. jurisdiction if you’re here illegally !
You cannot be !

You’re under some other country’s jurisdiction.
If you’re here illegally, you cannot possibly be naturalized.
Well, the birthright citizenship crowd —
which wants to water down American culture and destroy Western civilization
— conveniently leaves out “naturalized” and “subject to the jurisdiction thereof.”
So your born-here child absolutely is not a citizen.
This is what Trump is saying.
Trump is finally pushing back against an assumption that has been made because
it was the path of least resistance, if you will.
But now it’s make-or-break time.

As my friend McCarthy says,
“You need somebody to break the furniture.”


Sometimes, you gotta remodel the house.

BREAK TRANSCRIPT

RUSH: Okay, a little bit more background on the 14th Amendment here
’cause it’s gonna be relevant as the issue going forward.
Again, it was added after the Civil War.
Its purpose was to overrule the Dred Scott Decision !
Which was a horrible decision.
Dred Scott sanctioned slavery.
Roger Taney was the chief justice, forever the immortalized in infamy.
It held that black slaves were not citizens.
So Congress got into gear and passed the 14th Amendment.

It guaranteed that freed slaves would have all the privileges of citizenship by providing, quote,
“all 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,”
which means
the drafters of the 14th Amendment had no intention of conferring citizenship on the children of aliens who happened to be born here.
In fact, the very author of the citizenship cause, Sen. Jacob Howard of Michigan, expressly said…



This is why the original intent of founding documents is so important.
Quote, “This,” meaning the 14th Amendment…

“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…”
It was expressly intended to confer citizenship to slaves and their descendants.
There was an 1884 case, Elk v. Wilkins.
The Supreme Court ruled the 14th Amendment did not even confer citizenship on Native Americans
because they were subject to tribal jurisdiction, not U.S. jurisdiction.

Well, an illegal alien here is not subject to U.S. jurisdiction.
They’re under the jurisdiction of where they came from if they’re here illegally.
Guess when this all changed ?
In the 1960s !
Concomitant with Senator Kennedy wanting to reopen…
We had shut down all immigration from ’21 to ’65.
Along comes Senator Kennedy in the pre-Chappaquiddick days wanting to reopen it
for the express purpose of
making sure the Democrat Party always had a permanent underclass of voters dependent on them and the government.

BREAK TRANSCRIPT

RUSH: And, by the way, and even according to our leftist brothers and sisters at NPR report
no nation in Europe confers birthright citizenship.
Liberals love to say we should emulate Europe, right ?
Okay !

BREAK TRANSCRIPT ...

[Elsie]

;^)

[Elsie]

So; a piece of paper can change it?

[Elsie]

All persons born or naturalized in the United States, and subject to the jurisdiction thereof,

                                                        10     11 12  13           14      15

 

are citizens of the United States and of the State wherein they reside.

 

 

So; are illegals 'subject to the jurisdiction' while they are here?  Can they just run amok with no restraint?

[Elsie]

We need to REQUIRE that students AND VOTERS UNDERSTAND the Constitution.

They must actually READ THE CONSTITUTION !

[Yosemitest]

What's "Racist" about it ?
It applies to EVERY RACE !

[Elsie]

True; but we ALL know there is one race that will cry, “RACIST!!!”

[MayflowerMadam]

Damn auto correct. :)

American citizens.

[Yosemitest]

DemocRATS and "ESTABLISHMENT REPUBLICANS" will always play the "Racist Card" .

[ROCKLOBSTER]

So; a piece of paper can change it?

No, the parent declaring the child's nationality changes it. The "Consular Report of Birth Abroad" just documents the action. Otherwise, the child may be the citizen of another country and have to be naturalized sometime in the future.

That's why I always referred to Beautiful Ted as a "Cubanadian".