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To: SJackson
I doubt an executive order will pass muster, Congress probably needs to act, but it's a good start.

I think it depends on how it is worded. Only Congress has the power to "establish a uniform rule of naturalization," and the Constitution itself determines who is a natural born citizen. But President does have the power to state his opinion that the children of illegal immigrants are not legally citizens and order the executive branch to treat them accordingly--for example, he can order the State Department not to issue passports to such people, or to indicate on their passports that they are not citizens.

All that will, of course, prompt a challenge in court as to whether these people actually are citizens or not.
311 posted on 10/30/2018 10:47:18 AM PDT by The Pack Knight
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To: The Pack Knight
doubt an executive order will pass muster, Congress probably needs to act, but it's a good start. I think it depends on how it is worded....

You're right. This issue, subject to the jurisdiction thereof, has been in the courts as far back as the late 19th century, but never made it to the Supreme Court. As President, can he instruct ??? , State I think, not to authorize the issuance of social security numbers at birth to the children of non citizens. Sure, perfectly reasonable. But it will hit the courts, there will be a restraining order, and it will be years before it gets to the SC. I like President Trumps policies, but don't fool myself that he's the beginning of a century of Republican Presidents. Not sure that would be healthy. Even so, would a President Jeb overturn that order? Legislation is the proper, more permanent way, to enact a change like this. I acknowledge I'm not a huge fan of executive orders which impinge on what should be the power of Congress.

357 posted on 10/30/2018 5:24:34 PM PDT by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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