President Donald Trump caused all hell to break loose against him on Wednesday morning by falsely claiming that birthright citizenship is not protected by the Constitution.
Trump has been floating the idea that he can issue an executive order to override the 14th Amendment, an idea that has been ripped apart by both liberals and conservatives.
Rather than back down, Trump doubled down on Twitter.
So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words “subject to the jurisdiction thereof.” Many legal scholars agree…..
— Donald J. Trump (@realDonaldTrump) October 31, 2018
As usual, Trump is lying.
The 14th Amendment clearly states:
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.
In short, if someone is born here, they are citizens.
Of course, there are only a few notable exceptions, such as the children of foreign ministers and ambassadors, Native Americans born on tribal land, and children of enemy occupiers. Other than that, children born to undocumented citizens on American soil are automatically subject to U.S jurisdiction and are citizens.
Former federal prosecutor Renato Mariotti agrees — and ripped Trump’s claim.
Almost no legal scholars agree with you, and neither do the courts. This appears to be a political ploy a week before the midterm elections.
— Renato Mariotti (@renato_mariotti) October 31, 2018
As did Harvard Law professor Laurence Tribe.
It’s an understatement to say there’s a consensus among experts that Trump’s promise to end birthright citizenship for babies born in the USA to undocumented mothers is a legally untenable political stunt. No respected currently active scholar disagrees https://t.co/1K4ZdV7oBx
— Laurence Tribe (@tribelaw) October 31, 2018
Even Kellyanne Conway’s husband George Conway (an attorney who knows a thing or two about the law and The Constitution) disagrees with Trump and wrote a joint op-ed rejecting his claim.
Honored to write this with @gtconway3d. In tmrw’s @washingtonpost https://t.co/gkd8clB8ZI
— Neal Katyal (@neal_katyal) October 30, 2018
Some conservative attempted to defend Trump by quoting former Senator Jacob Howard, who is 1866 explained the first clause of the 14th Amendment.
The Dems needs to understand the real context here! Come discuss it on our subreddit – https://t.co/35vZ7FXVa0#MAGA #BirthrightCitizenship #BuildThatWall pic.twitter.com/teyEBejHC1
— NEW RIGHT NETWORK (@NewRightNetwork) October 31, 2018
But, if conservatives read it slowly, they’ll find that Howard clearly meant the foreigners and aliens who are the children of foreign ministers and ambassadors, which is what the Supreme Court ruled in the 1898 case United States v. Wong Kim Ark.
Trump would go on to whine about birthright citizenship further and said the Supreme Court will settle it, presumably his way.
….Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) “stuff.” Don’t forget the nasty term Anchor Babies. I will keep our Country safe. This case will be settled by the United States Supreme Court!
— Donald J. Trump (@realDonaldTrump) October 31, 2018
The World is using our laws to our detriment. They laugh at the Stupidity they see!
— Donald J. Trump (@realDonaldTrump) October 31, 2018
Indiana University Robert H. McKinney School of Law professor Gerard Magliocca shared the general consensus of most legal scholars that the Supreme Court, however, will likely rule against Trump.
“If this ever did reach the Supreme Court, you would get probably eight or nine votes to say it’s unconstitutional,” he said. “The liberal wing of the court won’t like it because they’re not going to like something like this generally. But the conservative wing of the court that believes in following the original meaning of the Constitution cannot possibly look at that and say anything other than, ‘Everyone born here is a citizen.’”
Only a constitutional amendment can change the language or repeal a constitutional amendment. An executive order cannot overturn the Constitution. And trying to do so is clearly a dictatorial move that Americans should not tolerate no matter what your political beliefs may be.
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