Cruz is avoiding Trump and that’s smart. Cruz isn’t going to be the candidate and never was. The establishment was certain of that from the start.
Cruz is right to be considerate on this issue of Anchor Babies. You could make it worse, just like so many laws and Amendments have done. The issue of citizenship is subtle because you don’t want to grant government more power over the American people, but less.
As for Anchor Babies, I believe that United States v. Wong Kim Ark, 169 U.S. 649 (1898) has long been misinterpreted. A critical factor is domicile and was the emphasis back then. Here’s a good legal paper on that: http://www.virginialawreview.org/volumes/content/significance-parental-domicile-under-citizenship-clause
Keep in mind that this court was not “liberal” in the modern sense. Here’s the opinion of the dissenters and their reasons why:
Fuller is a Democrat and the Chief Justice. And held the now viewed as racist opinions of his day, as did all the justices. He’s actually relatively fair. According to one study, while on the Supreme Court, Fuller voted in favor of civil rights for blacks in 15.15% (5 of 33) of the cases before him and voted in favor of civil rights for Asian Americans in 24.14% (7 of 29) of cases before him. Both percentages were below the average for the Supreme Court as a whole. He wasn’t a racist, but a jurist with an opinion. Read more here: https://en.wikipedia.org/wiki/Melville_Fuller
Take a look at his ruling on Puerto Ricans and whether they were citizens or not. He didn’t clarify that situation and we’re still suffering under it today. Keep in mind that the SCOTUS has always been political and politicized.
Harlan started as a Whig, then Know Nothing, then Opposition Party (Kentucky) kind of a pre-Republican Party with many Whigs, then a Democrat and then a Republican and because of several famous dissents while on the Court became known as the Great Dissenter. An interesting grouping of interests, no?
Harlan wrote several dissents in support of equal rights for Black Americans and racial equality, yet supported anti-miscegenation laws. He also voted for incorporation of the Bill of Rights via the 14th Amendment. You can read more about him here: https://en.wikipedia.org/wiki/John_Marshall_Harlan#Jurisprudence
So I don’t like the concept of Anchor Babies particularly as practiced by the industry where a foreigner travels here and just gives birth and then leaves taking the child home. That’s a joke and that child is not ever an American. I believe there’s a valid argument to be made for domicile, but I don’t want to make things worse. I would tread lightly on this issue.
We shouldn’t blame the child for the sins of the parents.
This has nothing to do with the sins of the parents. They were trying and allowed to slip through a loophole in the law. Close the loophole and then make them immigrate legally.
I want Trump/Cruz for the team.