Skip to comments.Exclusive: Trump to terminate birthright citizenship
Posted on 10/30/2018 2:48:25 AM PDT by be-baw
click here to read article
Push polling shown on faux this morning showed healthcare 2 to 1 over immigration and economy? What bullscat.
Trump can do it with an executive order and end this lawlessness.
The immigration system should have been fixed, including the elimination of birthright citizenship via constitutional amendment during the administration of George W. Bush when the GOP had the House, the Senate and the executive branch. Unfortunately Bush was a globalist who pushed amnesty, not real border control. When he coulnt Get his amnesty plan through Congress he simply loosened enforcement at the border and ignored the situation.
Today we have a fighting President with the passion to protect the border but with a Congess and bureaucracy determined to keep the border open. If Trump cant get the laws rewritten in the next two years the opportunity to control immigration will be lost. Executive orders can be erased by future presidents with the stroke of a pen. Legislation is harder to repeal (Obamacare is a shining example) and Constitutional amendments are virtually impossible to erase.
Unfortunately a citizenship Constitutional amendment would not get the votes in Congress today much less be passed by enough states. If the GOP fails to retain both houses of Congress, immigration legislation and funding for the wall will be off the table forever.
“Further, the next President could overturn the EO with the stroke of a pen.”
You mean the next President has the ability to naturalize citizens? I don’t have that in my Constitution.
The constitution did not set up birthright citizenship!
I totally agree.We AINT buying the scat they are trying to sell.
Which may well be the intent. The President cannot overturn federal law with an Executive Order. But he can issue one and the challenges to it will allow the courts to finally decide the matter.
Not to sure that matters. Just the fact that he does it will assure it gets challenged and the Supreme Court will have to rule on it.
Two reasons he can do it:
1. There is no Supreme Court precedent that interprets the Constitution differently.
2. The Constitution does not explicitly say that the Supreme Court's interpretation of the Constitution generally overrides that of either Congress or of the President, who are co-equal branches of government. The Constitution does explicitly grant the "Judicial Power of the United States" to the Supreme Court, but nowhere is that defined as the ability to set binding precedents that the other two branches must respect beyond the parties to the cases for which the Court has issued a ruling. At most, it requires that the other two branches respect the Court's decision as it applies to the parties to the cases brought to the Court, but not that they do so for other parties who haven't petitioned the Court, and whose cases the Court has not adjudicated. In other words, if Jose Illegalson sues to be granted citizenship under the 14th Amendment, and the SCOTUS rules in his favor, the Executive Branch is only Constitutionally required to treat Jose himself as a citizen, not his sister Manuela, who didn't petition the Court, and so who has no SCOTUS ruling that personally applies to her.
Nowhere does the Constitution incorporate English Common Law into US Law, neither with respect to any precedents set by British courts, nor with respect to principles such as "stare decisis." Several prominent Founders argued exactly that, including Madison and Jefferson.
You mean the next President has the ability to naturalize citizens? I dont have that in my Constitution.
POTUS certainly has the authority to distribute federal benefits to those legally here.
Trump WON the election solely on THE WALL and immigration anyone Tharp says otherwise is pushing pure BS!!! Trump knows this just as we do, Trump based his entire campaign on what he learned talking to the guys on his construction sites, Trump has ALWAYS been more comfortable with the guys on the construction sites that with the rich elites people would expect him to hang out with!!!
So, in case you people missed it...under the 14th, children born here to foreign nationals, whether here legally or illegally, are not U.S. citizens.
There is no law and you know it.
hey, leave me alone!!!!
This was always a leftist distortion of the language anyway. Kill it.
Agree. Live by the EO, die by the EO. He will get Congress to act.
IOW, the courts are not the final arbiter of what’s constitutional. If they were, then we’d have a judicial tyranny. Oh wait, that’s what we have now.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.