All 20+ countries who ceded Citizenship by birth did not do it retroactively. They made it a law or change and had an imminent start date. The newborn then takes the parents’ citizenships, dna tests are given for any fraud, and the parents or kid can apply for American citizenship in a few years after good standing. |
The bottom line is that this cannot be done by executive order. It must be done by a constitutional amendment, a process in which the President has no role (https://www.archives.gov/federal-register/constitution):
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or the state calls for a convention, depending on what Congress has specified. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed. |
lol Trump will do it by EO. He and Steven Miller decide who will retain their citizenship. The rumor is that want to reduce citizenship to about 2 million people. Only they will have rights. |
Man you guys sound like a broken record. Trump uses EO, Congress refuses to do anything and SCOTUS approves it. That means it is legal. |
I hope you understand the latest ruling doesn’t mean the Supreme Court ruled on the Constitutionality of the EO. |
Agree it can’t be done by executive order. But the other option is a scotus ruling that the language of the amendment doesn’t support birthright citizenship on the basis of illegal parents not being subject to the jurisdiction (for example, illegals can’t be drafted and are subject to deportation etc). |
Drugs are bad. You should stop. |
Yep. It is not settled law that illegal aliens are subject to the jurisdiction thereof - they cannot get SSNs, be drafted, get identification, work, etc. Being subject to criminal statutes is only one aspect of jurisdiction. |
“Roe v. Wade is the law of the land, you should stop your drugs if you think the SC is ever going to reverse it……” “People seized in the street by unmarked masked men, disappeared into detention places thousands of miles away with their families snd attorneys unable to locate them, shipped to foreign prisons with no charges and no due process, sre you crazy? The US is not Russia this will never happen in the US, stop the hysteria” and so on….. |
Trump didn’t do this EO thinking it would stand but rather to force SCOTUS to address the merits of this claim. And I think it’s a 50 50 chance he will win. |
The draft no longer exists in our laws, so it’s weird that’s where you draw the line. Literally no one can be drafted. People who don’t get birthright citizenship for their kids do work and get licenses here. |
There’s no reason for the government to appeal it to the Supreme Court with the latest ruling on universal injunctions. |
You're right. Removing those here illegally is the same as reducing the citizenship to 2 million. Do you hear yourselves? Batsh*& crazy. |
The meaning of “subject to the jurisdiction of” is firmly settled law. It is a legal concept in English Common Law, and was addressed by the Supreme Court over a hundred years ago in the Wong Kim Ark case:l, an consists of :
“the two classes of cases – children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State – both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. . . . The principles upon which each of those exceptions rests were long ago distinctly stated by this court. “ |
Yep. I think the executive overreach is for people on H1 for J visas. But the government can terminate visas if a visa holder gets pregnant, thus making them unlawfully present. |