Donald Trump Tries To Kill Birthright Citizenship With Executive Order
www.huffpost.com
"We think we have really good grounds," the president said of the order, which has already been challenged in federal court.

Summary

Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.

The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.

It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.

The order is expected to face significant legal challenges, with critics calling it unconstitutional.

  • JohnDClay@sh.itjust.works
    0·
    2 months ago

    Fourteenth Amendment Section 1 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.

    I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

    I don’t get how you square those two together.

    • NateNate60@lemmy.world
      01·
      2 months ago

      Look no further than the dissent to United States v. Wong Kim Ark (when the Supreme Court ruled that the passage you cited grants citizenship by birthright), written by Chief Justice Melville Fuller, the mastermind behind such legal opinions as:

      • Racial segregation is completely legal (Plessy v. Ferguson)
      • States can’t regulate workplace conditions or enact maximum working hours laws (Lochner v. New York)
      • Income tax is unconstitutional (Pollock v. Farmers’ Loan & Trust)

      Anyway, he wrote:

      the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the fourteenth amendment overrides both treaty and statute

      and

      [Birthright citizenship means] the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.

      So in other words, he was willing to rule that the constitution is optional as long as you are using it against undesirable races in order to get his way.