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profishingrods.com November 15, 2018


Trump tries to scrap birthright citizenship, 1898 Chinese legal case complicates it

06 November 2018, 02:43 | Devin Moran

Obama Hits Back At Trump's Claims He Can End Birthright Citizenship

H paul ryan

SIMON: The first section of the amendment reads, (reading) 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. "President Trump is now moving us forward".

It may very well.

The argument about the 14th Amendment is whether it, with the exception of diplomats and foreign armies, is meant to give citizenship to the children of anyone here, or whether it requires some deeper allegiance to the United States. Burdening them with the constant fear of deportation to a place they have never known is cruel and against the liberal ideologies and human rights beliefs that America needs to protect. As a policy matter, it is perverse that illegal immigrants win one of the world's great lotteries through their lawbreaking, by getting citizenship for their children. This is not a novel idea put forth by the AG.

It has been routinely interpreted over the years to confer citizenship to people born in the United States whose parents are illegal immigrants.

Dr Thomas J. Adams is a senior lecturer in history and American studies and academic director of the United States Studies Centre at the University of Sydney. Any person in the USA, even a foreign tourist, is subject to U.S. laws while here. The Center for Immigration Studies roughly estimates about 36,000 of these "anchor" babies annually. The packages include accommodations and access to common language speaking lawyers and doctors to assist with having the child and doing the legal paperwork. In this case, it held that a statute that automatically revoked the citizenship of one who had voted in a foreign election was unconstitutional, and therefore unenforceable.

"You obviously can not do that", he told WVLK, a radio station in Kentucky. Targeting birthright citizenship certainly doesn't deviate far from this troubling lineage. They are not accused of racism for doing so.

The Supreme Court has largely agreed, suggesting in the 1982 case Plyer v. Doe that there is "no plausible" interpretation of the phrase that excludes undocumented immigrants.




Wong Kim Ark was born in California in 1873. This would suggest the inverse is also true: that the child of a person illegally residing in the USA would not be a birthright citizen. If place of birth no longer guaranteed citizenship, then all Americans-not just those whose parents were undocumented-would be forced to prove their parents' nationality to the government in order to be recognized as a USA citizen. The Supreme Court ruled in his favor, declaring that "citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution".

"He's also blaming the Dreamers" - people who were brought to the U.S.as toddlers, who are now in college, the military or in jobs - "for nothing they did wrong", Velasquez said. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The logical conclusion stemming from these precepts is that illegal aliens who are physically present in the United States, but who have not "entered" the United States, lack constitutional rights.

And everyone living in the United States was assumed to be a citizen of the US --unless some other citizenship was established. As originally understood when Congress proposed the amendment in 1866, that referred not merely to the obligation of following US laws but also, and more important, to full political allegiance. "We're not letting them into this country".

As we saw at the beginning of this column, American woman giving birth outside the United States of America were never assumed to be giving birth to citizens of whatever country they were living in at the time. The citizenship clause provided them equal legal status.

But Obama isn't the only person to challenge Trump's claim that he can end birthright citizenship with an executive order.

Whether Trump is doubling down on his pre-election pledge to end birthright citizenship as a way to rile up his base and get voters to the polls next week, or whether he actually believes it's what's best for America is impossible to say.



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