Trump reveals plan to use executive order to end birthright citizenship for children of illegals

American Thinker ^ | 10/30/2018 | Thomas Lifson

[SeekAndFind]

Expect an explosion of media outrage and high powered lawsuits, especially in jurisdictions with Trump-hating federal judges.  President Trump has launched an October surprise.

Last night in an interview granted to Jonathan Swan of Axios, President Trump announced his plans to use an executive order to end birthright citizenship for children born on American territory to illegal immigrants and foreign citizens, presumably at least those “not subject to the jurisdiction of the United States” as required by the 14^th Amendment.

The Washington Post reports

“We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits,” Trump said during an interview with Axios scheduled to air as part of a new HBO series starting this weekend. “It’s ridiculous. It’s ridiculous. And it has to end.”

Trump, who has long decried “anchor babies,” said he has discussed the move with his legal counsel and believes it can be accomplished with executive action, a view at odds with the opinions of many legal scholars.

“It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump told Axios.

When told that view is disputed, Trump asserted: “You can definitely do it with an act of Congress. But now they’re saying I can do it just with an executive order.”

“It’s in the process. It’ll happen . . . with an executive order,” he said, without offering a time frame.

[Arthur Wildfire! March]

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However, the flip-side ... ‘higher’ learning.

Most legal scholars in college are indoctrinated to believe that court precedent and current ‘settled law’ are more profound than original intent and orginial ‘settled law’.

For example, abortion. Since Roe has been the law of the land for so long, it does not matter that orginal ‘settled law’ had outlawed abortion since the nation’s beginning and that the change still breeds discord. So far as most sophist gavel jockeys are concerned, it’s not the constitution and Federalist Papers that have any weight, but the text books shoved under their noses in college.

Like I’ve been saying — professors must be mandated to engage in fair debates annually, and students must hear mandated debates. We could allow the two SCOTUS justices with the most opposed opinions each choose a representative to debate each other once a year. And every student [high school up] needs to hear it.

Professors could also be mandated to debate once a year if they gain the attention of a ‘debate board’. That could be appointed collectively by state legislators or some other means that is isolated from DC’s power-hungry beltway [such as the random county primary concept I had suggested years ago — a board that could also propose budget cuts and mandate debates with congress members who oppose such cuts].
Then parents could network at various forums, find copies of those debates in a data base, and more shrewdly decide where their money will be spent.

Until some kind of drastic reform happens, more metal shavings accumulate in the gears of education. ‘Higher’ learning is a jalopy, already reduced to a backfiring clunker. Eventually the machine will be destroyed.

[Yosemitest]

~ Reverse the Magnet ~

This is what it takes:

   1. Secure the border in a transparently verifiable way;

   2. End the anchor-baby interpretation of the 14th Amendment;

   3. Enforce E-Verify without exception and with severe penalties;

   4. End chain migration. Entry per individual qualifications, not family ties;

   5. Deportation upon contact with any law enforcement agency - federal, state, or local;

   6. No government benefits beyond critical emergency care (and that ought to be billed back to the home government);

   7. No "Path to Citizenship" - EVER - for anyone who has entered the US illegally.

Any measure which does not accomplish these things is unacceptable.
It is de facto amnesty.
And it will inevitably, ineluctably encourage millions and millions more illegal entries.

Sounds like a great "Plan of Action" to me.

We need to REQUIRE that students AND VOTERS UNDERSTAND the Constitution.
They must actually READ THE CONSTITUTION !
EXCERPT ...

RUSH: ... But it is a seminal moment
when a political party, as its official position, refuses to accept election results.
That’s where we are, and that’s why we’re where we are.
They refuse to accept it, for whatever reason.
They hate Trump, they don’t feel good about it, they disagree, whatever.
Doesn’t matter why.
Just the fact that they refuse to accept the results is a horribly dangerous thing.
Because what if it keeps up ?
What if the only time there is peace in America is when they win elections ?

You know, I predicted some time ago that they’re gonna figure this out at some point,
and the natural conclusion to figuring this out is,
“Well, let’s just eliminate elections !
If elections are what’s holding us back, let’s find a way to eliminate ’em !”
People laughed.
“Come on, Rush. That’s never gonna happen.”
Do not ever say the left isn’t capable of anything ever.
So now Trump,
rather than being intimidated by their refusal to accept his election,
rather than get his feelings hurt,
Trump doubles down, triples down.

Every time they hit him, he hits back with additional energy and verve —
and I’m telling you, this promise with an executive order to end birthright citizenship is huge,
and it’s why he was elected.
When things are going terribly wrong — and they are in our country right now.
When things are terribly wrong and out of control, you have to have somebody willing to go outside the so-called boundaries,
and Trump’s doing it every day and willing to do so.
Because this is what pushing back —
this is what defiance, this is what changing what the left is doing
— looks like.

It was never gonna be pretty.
It was never gonna be quiet.
It was never gonna be clean.
It requires a strong stomach and strong fortitude.
I don’t think any elected Republican other than Trump…
Even if they had made the promises Trump made,
I think all of them would have caved by now.
But Trump hasn’t.
He doubles down.
“Right. I’m gonna issue an executive order;
I’m gonna end birthright citizenship.”
Let me read to you the 14th Amendment and how it begins.
“All persons…”



Now, the 14th Amendment goes back to 1866.
I think it was ratified by Congress in 1866.
It was passed by Congress; ratified by the states two years later.
So in 1866, it was passed by Congress and ratified by the states in 1868,
and its original intent was to grant citizenship to slaves and their descendants.
It was part and parcel of the post-Civil War era of America fixing itself.
It was a good thing.
Our Constitution was written so that mistakes at the founding could be corrected.
The vast majority of people knew slavery at the founding was untenable,
but they needed the union in order to fight the Revolutionary War.
They needed the southern states.
They needed unity to do that

so they had to accept slavery,
but they built in safeguards to wipe it out,
and it happened in 1868 when the 14th Amendment passed.

It begins this way:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the U.S. and of the state wherein they reside.”
It was clearly intended to be referring to slaves and their descendants.
The parts that birthright citizenship, uh, freaks have to delete are
“naturalized”
and “subject to the jurisdiction thereof.”
You are not naturalized and you are not subject to the U.S. jurisdiction if you’re here illegally !
You cannot be !

You’re under some other country’s jurisdiction.
If you’re here illegally, you cannot possibly be naturalized.
Well, the birthright citizenship crowd —
which wants to water down American culture and destroy Western civilization
— conveniently leaves out “naturalized” and “subject to the jurisdiction thereof.”
So your born-here child absolutely is not a citizen.
This is what Trump is saying.
Trump is finally pushing back against an assumption that has been made because
it was the path of least resistance, if you will.
But now it’s make-or-break time.

As my friend McCarthy says,
“You need somebody to break the furniture.”


Sometimes, you gotta remodel the house.

BREAK TRANSCRIPT

RUSH: Okay, a little bit more background on the 14th Amendment here
’cause it’s gonna be relevant as the issue going forward.
Again, it was added after the Civil War.
Its purpose was to overrule the Dred Scott Decision !
Which was a horrible decision.
Dred Scott sanctioned slavery.
Roger Taney was the chief justice, forever the immortalized in infamy.
It held that black slaves were not citizens.
So Congress got into gear and passed the 14th Amendment.

It guaranteed that freed slaves would have all the privileges of citizenship by providing, quote,
“all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States
and of the state wherein they reside,”
which means
the drafters of the 14th Amendment had no intention of conferring citizenship on the children of aliens who happened to be born here.
In fact, the very author of the citizenship cause, Sen. Jacob Howard of Michigan, expressly said…



This is why the original intent of founding documents is so important.
Quote, “This,” meaning the 14th Amendment…

“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…”
It was expressly intended to confer citizenship to slaves and their descendants.
There was an 1884 case, Elk v. Wilkins.
The Supreme Court ruled the 14th Amendment did not even confer citizenship on Native Americans
because they were subject to tribal jurisdiction, not U.S. jurisdiction.

Well, an illegal alien here is not subject to U.S. jurisdiction.
They’re under the jurisdiction of where they came from if they’re here illegally.
Guess when this all changed ?
In the 1960s !
Concomitant with Senator Kennedy wanting to reopen…
We had shut down all immigration from ’21 to ’65.
Along comes Senator Kennedy in the pre-Chappaquiddick days wanting to reopen it
for the express purpose of
making sure the Democrat Party always had a permanent underclass of voters dependent on them and the government.

BREAK TRANSCRIPT

RUSH: And, by the way, and even according to our leftist brothers and sisters at NPR report
no nation in Europe confers birthright citizenship.
Liberals love to say we should emulate Europe, right ?
Okay !

BREAK TRANSCRIPT ...

[Yosemitest]

Read

By the Numbers: 4 Key Points About Birthright Citizenship

[Arthur Wildfire! March]

AWESOME!

Thank you so much, Yosemitetest. Your posts define the issue perfectly.

[Arthur Wildfire! March]

In post 62, Yoesemitest quoted Rush Limbaugh — very powerful case to back up Trump. And more research in post 63.

Here is the meat:

Quote, “This,” meaning the 14th Amendment…

“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…”

It was expressly intended to confer citizenship to slaves and their descendants.

There was an 1884 case, Elk v. Wilkins.

The Supreme Court ruled the 14th Amendment did not even confer citizenship on Native Americans because they were subject to tribal jurisdiction, not U.S. jurisdiction.

Well, an illegal alien here is not subject to U.S. jurisdiction. They’re under the jurisdiction of where they came from if they’re here illegally.

Guess when this all changed ?

In the 1960s !

[entire quote also awesome — only thing in the way is the leftist indoctrination of law students that elevates recent ‘settled law’ above original intent.]

[Arthur Wildfire! March]

I should have included you both in this important ping.

If you read post 65 I doubt you will regret it.

[Arthur Wildfire! March]

Post 62 is the segment in which Rush Limbaugh backed up Trump with rock solid original intent.

[SunkenCiv]

Thanks .

[GOPJ]

Let’s say a Chinese child is born here - baby’s a citizen - then through ‘chain migration’ every other member of the family - parents, other children, grandparents, aunts, uncles etc. become American citizens.

There’s a business bringing Chinese mother’s to the United States to give birth. For the next 85 years we’re responsible for the child...

[GOPJ]

Thanks Arthur...

[ModelBreaker]

“I don[t think the 14th applies to illegal occupants of America.”

I agree.

[oldasrocks]

How many liberal heads will explode when the Supreme Court agrees with him. I can hardly wait.

When Sanctuary cities refuse to arrest illegals they are proving that the illegals are not under our jurisdiction therefore Trump is 100% correct in refusing the babies a citizenship.

[GOPJ]

The Supreme Court ruled the 14th Amendment did not even confer citizenship on Native Americans because they were subject to tribal jurisdiction, not U.S. jurisdiction. Well, an illegal alien here is not subject to U.S. jurisdiction. They’re under the jurisdiction of where they came from if they’re here illegally.

Excellent...