Paul Ryan: President Trump Cannot End Birthright Citizenship with Executive Order

To: chief lee runamok

"President Trump Cannot End Birthright Citizenship with Executive Order, chief lee runamok wrote:"

Technically maybe not. However the EO would ultimately reach the SCOTUS where it could be upheld...

81 posted on 10/30/2018 2:10:18 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)

To: chief lee runamok

He’s right constitutionally. It takes legislation.

We opposed Obama governing by executive fiat (on DACA, for example, as well as changing some of the dates in Obamaccare, and others.) If we’re going to be consistent, we ought to oppose Trump doing it too.

Now, I fully support Lindsey Graham’s bill to do it, but I don’t think it can properly be done by executive order.

82 posted on 10/30/2018 2:12:19 PM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)

Which law says children of illegals get automatic citizenship? Thanks.

83 posted on 10/30/2018 2:14:54 PM PDT by Right-wing Librarian

Which law says children of illegals get automatic citizenship? Thanks.

84 posted on 10/30/2018 2:14:54 PM PDT by Right-wing Librarian

Time will tell. If nothing else, the uproar generated may educate citizens of this obvious loophole used by multitudes of illegal aliens.

85 posted on 10/30/2018 2:16:02 PM PDT by chief lee runamok (mongrel at large)

I don’t think Trump was going to do it. I think it was meant to send a message to those in the invading horde to think twice and demoralize them even more. Trump doesn’t want to see any of these invaders by the border and is doing everything he can do to mitigate this while forcing the Democrats to take a stand 7 days before the midterms.

Immigration is a winner for the Republicans and over the next 7 days he will do everything to focus on it.

86 posted on 10/30/2018 2:18:02 PM PDT by EQAndyBuzz (EVERYONE IS UNIQUE! JUST LIKE EVERYONE ELSE!)

>>Paul Ryan has been a do nothing punk who only says stuff about Trump.
**********************************************************
Plus, he had the audacity to show up and speak from the podium at a Trump Rally trying to piggy-back on POTUS’s popularity. He should have been booed off the stage.

He’s no better than McCain.

87 posted on 10/30/2018 2:18:12 PM PDT by Right-wing Librarian

To: Snickering Hound

Now it's been a while since my last English class but I doubt that the rules have changed much.

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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What's that part "and subject to the jurisdiction thereof" about?

Could it mean that:

children born to foreign parents that owe their allegiance to some other nation are NOT actually "subject to the jurisdiction thereof",

essentially nullifying the predicate of the sentence which is "are citizens of the United States?"

Additionally since non-citizens do not legally reside in any particular state, does that not also further exclude those individuals from citizenship?

I don't think an executive order is necessary or even required,

just some sort of note or even a tweet clarifying the POTUS opinion on the matter is more than sufficient for me.

88 posted on 10/30/2018 2:19:08 PM PDT by infool7 (Observe, Orient, Pray, Decide, Act!(it's an OOPDA loop))

No new law is needed because the 14th Amendment is the law, so as the president enforces law, Trump can issue and EO to enforce the law as he interprets it, and then it’s up to SCOTUS to say if that interpretation is right or wrong.

89 posted on 10/30/2018 2:20:33 PM PDT by zencycler

To: chief lee runamok

Nothing like having a backstabber in your crew.

Our side has a bad habit of opening their mouth when they should just shut up.

90 posted on 10/30/2018 2:22:48 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")

To: Right-wing Librarian

Congress has enacted a statute, Section 1401 of the immigration and naturalization laws (Title 8, U.S. Code). The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof; (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property; (c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; (d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; (e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person; (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. (June 27, 1952, ch. 477, title III, ch. 1, § 301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§ 1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, § 12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994, 108 Stat. 4306.)

91 posted on 10/30/2018 2:23:33 PM PDT by Oklahoma

... the eventual Supreme Court ruling will very probably retroactively remove American citizenship for existing anchor babies of illegal aliens

You are dreaming. That isn't going to happen at all.

92 posted on 10/30/2018 2:27:18 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")

To: DiogenesLamp

Paul Ryan better re read the Constitution.

93 posted on 10/30/2018 2:28:51 PM PDT by Renegade

To: DiogenesLamp

Paul Ryan better re read the Constitution.

94 posted on 10/30/2018 2:29:06 PM PDT by Renegade

To: chief lee runamok

Who’s Paul Ryan? There used to be an ineffective guy in the house leadership a while back but he disappeared a year or so ago.

95 posted on 10/30/2018 2:29:10 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)

To: chief lee runamok

Ratface Ryan couldn’t throw a keg party in an Irish pub, useless smear that he is.

96 posted on 10/30/2018 2:30:55 PM PDT by Psalm 144 (Hillary 2020! She has survived snipers, bombs and oven mitt mumus! The candidate donkeys deserve.)

To: chief lee runamok

Ratface Ryan couldn’t throw a keg party in an Irish pub, useless smear that he is.

97 posted on 10/30/2018 2:30:55 PM PDT by Psalm 144 (Hillary 2020! She has survived snipers, bombs and oven mitt mumus! The candidate donkeys deserve.)

To: Snickering Hound

It is not crystal clear. It is quite muddled in a way that it didn't need to be had they kept the original language. Ryan is not correct. The 14th was never intended to make citizens out of transient aliens. If you read the debates on the 14th amendment, John Bingham, chief author of the 14th amendment, makes it clear that the children of anyone who is a subject to a foreign power do not qualify.

98 posted on 10/30/2018 2:32:05 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")

To: chief lee runamok

99 posted on 10/30/2018 2:33:16 PM PDT by Nifster (I see puppy dogs in the clouds)

9-0 USSC vote that Amendment XIV requires birthright citizenship, new Amendment required to change it.

Well the four liberals for sure. If the conservative members go along, it's going to be more of a stare decisis thing rather than original intent.

An honest reading of the debates in congress regarding the 14th amendment make it clear that there was never any intention of providing citizenship to the children of transient aliens.

100 posted on 10/30/2018 2:34:28 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794