Posted on 03/31/2026 5:56:42 AM PDT by Libloather
WASHINGTON — One of President Trump’s most ambitious policy endeavors — his effort to end birthright citizenship — is set to face its moment of truth before the Supreme Court on Wednesday, just over a month after it axed the centerpiece of his tariff agenda.
The Supreme Court will decide whether Trump’s attempt to block the kin of illegal immigrants born on US soil from automatically becoming citizens is within his power, something that is widely seen as the most consequential case left on its docket.
“This is a glaring red line for the Supreme Court justices that they don’t get to give away citizenship. They don’t have that power,” Mike Davis, a staunch Trump ally and founder of judicial advocacy group Article III Project, told The Post. “We the people never agreed to give this away.”
“These justices need to follow the law or they’re going to lose their legitimacy,” he added. “There’s no more important of a case before the Supreme Court.”
Before the high court is a question of the legality of Trump’s executive order to end so-called birthright citizenship that he signed during his very first day back in office last year.
Trump had toyed with the idea of tackling birthright citizenship during his first administration, but ultimately, that never came to fruition. At the time, even many conservative legal scholars were deeply skeptical that he could end birthright citizenship for illegal immigrants with the swipe of a pen.
“It really used to be more of a fringe view that language could be reinterpreted in this way,” Ming Hsu Chen, a law professor and director of the Race, Immigration, Citizenship, and Equality Program, University of California-San Francisco, said.
“I’m a little surprised that the Supreme Court would take up this case on the merits...
(Excerpt) Read more at nypost.com ...
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What if you have no valid visa? That’s what is being discussed.
If a ruling invalidates the claim of Kamala Harris to be a US citizen (based on her parent's being citizens of Jamaica and India at the time of her 1964 birth), then you can consider how it also would retroactively invalidate all judicial appointments and legislation approved via her tie-breaker votes in the Senate of 2021-2025 (as they would legally violate the 12th Amendment of the Constitution).
Great analogy
In other words, a citizen can serve on juries and be drafted into military service, as duties of US citizenship.
Legally, now, non-citizens are exempt from these responsibilities.
Later Supreme Court rulings clarified that "political jurisdiction" was "exclusive" meaning it could not be shared with another sovereign entity, per the Slaughterhouse cases of the 1870's and Elk v. Wilkins of 1884.
At the time, appeals were made to newly independent states to resist Communist expansion. One aspect was to liberalize enforcement of existing immigration rules and national origin quotas (deriving from restrictions of the 1924 and 1952 Immigration Acts).
The earliest official "birthright citizenship" consideration may be found in the "Petition to Classify Status of Alien Relative (I-130)" form of November 1964.
It states: "(5) If you are a citizen of the United States, give the following: Was your citizenship acquired through birth in the United States...?" (without a follow-up question or reference to parental status, thereby enabling an "anchor baby" status like that of Kamala Harris), but there may be others.
Yes, to be consistent with the USSC term of Judge Roberts, they are more likely to drop this “hot potato” than to provide definitive clarity to this legal misapplication.
In other words, it is documented that Kamala Harris was born in the US as a citizen of INDIA (through her mother) on October 20, 1964. (She was also a citizen of Jamaica through her father's lineage at that time).
Yet, she was allowed to generate a billion dollars of campaign financing in 2020 and 2024 on the premise that she could legally serve as a US President. (= FRAUD?)
Congress can act pursuant to its power of Naturalization, bestowing citizenship with retroactive effect, if circumstances warrant.
They did so with respect to children born to U.S. citizens working in the Panama Canal Zone.
Senator John McCain was born (seemingly at Colon Hospital, in Colon, Panama, adjacent to the PCZ) just before that act of Congress. Otherwise his citizenship would still be the subject of a guessing game.
VPOTUS needs to be an NBC too. Pursuant to a corresponding COTUS amendment.
Where did this country’s self-respect go.
Was Obamacare approved as a "tax" in NFIB v. Sebelius, as according to Justice Roberts?
Why did the US Supreme Court not take up the (illegal) election in 2020, in Texas v. Pennsylvania?
Etc., etc.
And the first thing they will do is contact their embassy. Can they be drafted? Can they be convicted of treason like a U.S. citizen can?
Countries with Birthright Citizenship 2026
Interesting that most of the Americas have unrestricted birthright citizenship while it's rare on other continents. I wonder why that is?
“Birthright citizenship” was an un-legislated change first known to be enforced in 1964 during the Johnson presidency, based on the intentions of the liberalized State Department foreign-aid policies (of the preceding JFK administration).
Also interesting that, like Africans and others traveling through Europe to get to the UK for the best welfare benefits, one doesn't here of clamoring hoards trying to get into "unrestricted" Mexico, as one example.
One also notes that China does not allow it, but the Chinese nationals are trying to get their "birthright" in the US.
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