A portion of the text of the 14th 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. 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.
Now the wigged one himself, Donald Trump says that this language doesn't apply to so-called "anchor babies" because their parents were not in the country legally. His argument is rooted in the idea that since the parents are citizens of other countries, they are not subject to the jurisdiction of the United States because they are already subject to the jurisdiction of the nation where they hold citizenship. This argument was tried and rejected in an 1898 case that was decided by the U. S. Supreme Court. In United States vs Wong Kim Ark, the court ruled that with three narrow exceptions (a fourth was subsequently added), any child born on U. S. soil was a U. S. citizen at birth. The exceptions are for children born on foreign ships, the children of foreign rulers and/or diplomats, and children born to members of hostile forces occupying the U. S. by force. Indian tribes not taxed by the U. S. was the exception that was added later.
In the more than 110 years since this decision, it has not been overturned. Nor has any legislation been passed by Congress that would alter this basic concept of birthright citizenship. Citizenship laws are based on one of two legal concepts. Jus soil (right of the soil) and jus sanguinis (right of the blood). Trump's contention that anchor babies are not granted citizenship at birth on U. S. soil under jus sanguinis. Interestingly, it is that concept that resulted in U. S. law that declares anyone born outside the U. S. to a U. S. citizen automatically becomes a U. S. citizen.
I can't see a court case going through the system and overturning the Wong Kim Ark decision. Even the bewigged one admits that it would be extremely difficult to amend the constitution to overturn this portion of the 14th Amendment.
In the end, this is just Trump bloviating about something he would do that in reality, he can't do.
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. 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.
Now the wigged one himself, Donald Trump says that this language doesn't apply to so-called "anchor babies" because their parents were not in the country legally. His argument is rooted in the idea that since the parents are citizens of other countries, they are not subject to the jurisdiction of the United States because they are already subject to the jurisdiction of the nation where they hold citizenship. This argument was tried and rejected in an 1898 case that was decided by the U. S. Supreme Court. In United States vs Wong Kim Ark, the court ruled that with three narrow exceptions (a fourth was subsequently added), any child born on U. S. soil was a U. S. citizen at birth. The exceptions are for children born on foreign ships, the children of foreign rulers and/or diplomats, and children born to members of hostile forces occupying the U. S. by force. Indian tribes not taxed by the U. S. was the exception that was added later.
In the more than 110 years since this decision, it has not been overturned. Nor has any legislation been passed by Congress that would alter this basic concept of birthright citizenship. Citizenship laws are based on one of two legal concepts. Jus soil (right of the soil) and jus sanguinis (right of the blood). Trump's contention that anchor babies are not granted citizenship at birth on U. S. soil under jus sanguinis. Interestingly, it is that concept that resulted in U. S. law that declares anyone born outside the U. S. to a U. S. citizen automatically becomes a U. S. citizen.
I can't see a court case going through the system and overturning the Wong Kim Ark decision. Even the bewigged one admits that it would be extremely difficult to amend the constitution to overturn this portion of the 14th Amendment.
In the end, this is just Trump bloviating about something he would do that in reality, he can't do.
posted by me at 2:47 PM
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