O Ratty, I’m still in Ireland (and 10Cents, sorry, I don’t really do pictures..Like Yeats, I believe “words alone are certain good”! I do have a few photos on my IPhone, but right now it isn’t speaking to my Ipad. )
i will be home just in time to vote!
what’s this I hear? Our Don is going to end birthright citizenship!?!?
Okay let’s look at the language of the 5th and 14th Amendments (from memory). The 5th binds the fed gov’t to grant “any person” equal protection of the laws. The 14th binds the states to grant “any person” equal protection of the laws. BUT: the 14th does not make just “any person” born or naturalized here a citizen. Unlike the other two clauses, the citizenship clause requires that the neonate be “subject to the jurisdiction” of the US and the state.
An exception to this was always children of diplomats, and, in other countries where the jus soli was recognized, children born to members of an invading force. We haven’t had that situation much since 1792, until now. The mother ( let’s face it, dad usually isn’t in the picture) has to be here because she is “allegiant” to the US. Che can’t merely be within US jurisdiction, in the geographical sense; she has to be subject to its jurisdiction, in the sense of acknowledging the primacy and supremacy of the judicial power of our courts and laws.
(i know there is some SCOTUS case, Wong Kim Ark or sump’n, where the court said children of LEGAL residents here could be citizens, and in dicta opined that it might apply to even illegals–but so what? If that IS precedent, it can be overruled, and it should be. )
What I’m sayin’ is, based on the plain language of the 14 th(which everybody knows was adopted during Reconstruction to prevent the sore-loser states from disadvantaging children born to former slaves) I think Trump’s legal advisers are right. The Constitution does not require us to confer citizenship on the spawn of any non-citizen who managed to sneak in here, or remain here illegally.
That’s my humble legal opinion. I’m so excited that it looks like the issue will be litigated soon!
Let’s hope Kavanaugh doesn’t pull a Roberts if the constitutionality of Trump’s promised EO comes before SCOTUS. C’mon Brett baby, let’s see some of that promised strict constructionism!!