Trump plans to sign executive order curbing birthright citizenship
Trump plans to sign executive order curbing birthright citizenship
Trump presses on with case to end birthright citizenship 'one way or the other'
06 November, 2018, 12:13
Here he is in 2016. The president wants to erase a portion of the 14th Amendment with the swipe of a pen. Then he was held on ships for months as he fought the case - with legal help from the "Six Companies", a Chinese-American organization that had made a point of standing up for Chinese civil rights in thousands of court cases. That strategy, she noted, included his "try to change the Constitution to eliminate birthright citizenship".
First, while the plaintiffs assert that the "Due Process Clause of the Fifth Amendment applies to all "persons" on United States soil", the Supreme Court has yet to resolve that question.
NELL IRVIN PAINTER: It was enacted for the recently free people in the American South. This amendment was ratified 150 years ago during the Reconstruction era in response to the landmark Dred Scott v. Sandford case decision that denied citizenship to former slaves and their descendants.
Trump said that the issue would be ultimately decided by the Supreme Court.
DONALD Trump's crackdown on birthright citizenship has sparked speculation on social media that his youngest son would be affected by the policy change. That ruling became infamous.
The abolition of slavery and the granting of citizenship SHOULD HAVE TAKEN PLACE AT THE SAME TIME and by means of the same Amendment to the Constitution. This idea, otherwise known as jus soli, has since been used by a child of any immigrant in the United States, documented or otherwise. But the mobilization of anti-immigrant sentiment of the sort that would appear in the early 20th centuries and peak in the 1920s - that sort of thing didn't appear.
"This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States".
- The writer is a professor at the University of Massachusetts, Amherst. I have always entertained the possibility that I could one day run for president if my whims led me to.
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And so there's a case that occurs in the late 19th century that is a flawless example of this gap between ideals and reality.
The United States and Canada are two of the small number of countries that grant automatic citizenship to all BORN WITHIN THEIR BORDERS, regardless of the citizenship of the mother or the father.
Re "Trump's plan hit by legal scholars: USA citizenship seen as protected" (Metro, Oct. 31): The 14th Amendment reads, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States". Today, children born in Australia automatically acquire citizenship if at least one parent is an Australian citizen or permanent resident at the time of the child's birth. Nearly everyone present in the United States, even aliens, come within the jurisdiction of the United States.
But there's little doubt that birthright citizenship is wrong for the United States.
And everyone living in the United States was assumed to be a citizen of the US --unless some other citizenship was established. After all, we are a kind and compassionate people, and saying gang violence doesn't count for asylum is a hard sell to people seeped in images of women and children fleeing their homelands, each with a horror story.
PAINTER: It really is the bedrock of what makes the United States a special country. "Even if the Constitution would permit Congress to strip such persons of citizenship, it would not permit the president to do so, because that would be contrary to the statute", he said, adding that the president "can't just decide who is a birthright citizen." . That is of fundamental importance in a multiracial, multicultural democracy.
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