March 25, 2019

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 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.

Other News

Trending Now

Floyd Mayweather's first fight in MMA federation officially announced
I think when it comes to experience, I have more experience on my side but when it comes to youth, youth is on his side. Mayweather was complimentary of Nasukawa . "I want to continue to build my relationship with Money Team Tokyo".

Amazon "close" to picking HQ2 location
For starters, Amazon may be having similar discussions with other finalists. The company has said it would invest $5 billion in the new headquarters.

Thunder Purple OnePlus 6T is now official
The tweets from Agarwal feature different image renders of the OnePlus 6T Thunder Purple variant with a gradient look. Further, the colour variant appears locked to the 8GB RAM with 128GB storage option, which starts at $769 CAD.

NBC Removing Trump Ad Amid Criticism For Running During Primetime
It is akin to blaming Republicans for criminals who entered the country illegally under Presidents Trump or George W. Under its rules, ads must not contain shocking, sensational, disrespectful or excessively violent content.

Epic partnership brings National Football League uniforms to Fortnite
The cool thing about these NFL uniforms is that each NFL outfit can be swapped to any of the 32 official teams in the league. In Fortnite , NFL team outfits can be purchased from the Battle Royale Item Shop using in-game currency, V-Bucks.

Amazon to Offer Free Shipping With No Minimum Purchase This Holiday Season
See the details about Amazon Prime and get a 30-Day free trial (just in time for Black Friday deals ) at HERE . It may be because Amazon felt the need to compete with big box stores who are also offered free shipping promotions.

Wembley set for Champions League pitch inspection before Spurs v PSV
In this week's Game Dissected we look at the tactics, game management and decision making that has cost Tottenham so far. They returned to the top four, at Arsenal's expense, while Wolves slipped to a third straight defeat.

Dead In Building Collapse At Amazon's Warehouse Collapse In Baltimore
Two people are dead following a wall collapse at a Maryland Amazon distribution warehouse , which was caused by an intense storm. One of the two men was found under debris and taken to a hospital, where he was pronounced dead.

China won’t close its door to any country: Xi Jinping
He added that China would endeavour to "foster a world-class business environment" and that China´s doors will open "ever wider". Xi promised that China would import as much as $30 trillion in goods and $10 trillion in services during the next 15 years.

Trump vs. Obama in the final weekend of the midterms
If you haven't voted yet, you can still take part in early voting through Sunday, November 4 in Miami-Dade and Broward Counties. Shortly afterward, Trump said in West Virginia that he'd watched Obama's speech on television aboard Air Force One.