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Congrats DT!! Nice speech!! Birth right Citizenship

canadyjd

Well-Known Member
Congrats to our new POTUS.

Looks like one of the first things he will do is end “birth right” citizenship. That is, any child born in U.S. is a citizen even if their patents aren’t citizens.

Can he do this by executive order or does he need an act of Congress?

Peace to you
 

sdcoyote

Member
Dr. Bob and Canad:

I must respectively disagree. Birthright citizenship is crazy, but the wording of the 14th amendment must be changed in order to get rid of it. The amendment says what it says. I don't like it, but the only way to fix it is to change the wording of the amendment. I certainly don't want folks telling me what they think the intent of the 2nd amendment is. I go by the wording. Same is true of all the amendments.

In this case we need to change the amendment. I suspect the SCOTUS will agree.
 

canadyjd

Well-Known Member
I see a fed judge has struck down the birthright citizenship executive order, so the courts will decide.

The purpose of the 14th was to convey citizenship on the newly freed slaves after the civil war.

The constitution gives Congress the authority to determine immigration policy. I think an act of Congress would work.

For many decades there were federal laws concerning who was a born citizen. In fact, until about 1963, if the mother was not yet 21 years old, the father not a citizen, and the child born outside the U.S., the child was not a citizen.

I believe that was changed about 1963 or so, to what we consider now as birthright citizenship.

It will be an interesting 4 years

Peace to you
 
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canadyjd

Well-Known Member
I’ve seen several constitutional scholars argue DT exec order on birthright citizenship will be upheld by SCOTUS.

I notice He is making good on the promises concerning illegal immigrants

Peace to you
 
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The purpose of the 14th was to convey citizenship on the newly freed slaves after the civil war.

Yes, that was the intention of the 14th amendment, however the wording does make it specific to slaves or children of slaves.

I have a hard time thinking that a conservative SCOTUS will interpret it other than what it plainly says.
 
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