Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Unlike mass deportation, I doubt this will come to be because it actually requires a constitutional amendment. But if it were to go through, it would apply only after a certain date.
This is a really hare-brained idea. Not even the crazed GOP is going to try to amend the constitution.
It can only happen if SCOTUS just does away with the 14th amendment. I’m sure there’s some originalist argument there. And who knows, maybe dispense with everything but the bill of rights. Could be useful. Take away voting rights from women and blacks, dispense with term limits.
Actually you do not need to change the 14th amendment.
It is not a blanket birthright citizenship claim there. It carves out some cases where it does not apply!
Here it is.
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.
The important part is “jurisdiction thereof”
This was written in to ex life citizenship for people in this country who are under the “jurisdiction” of their home countries.
This included children of diplomats who are serving a foreign country, their kids do not get citizenship.
Thai was also written to include children of for example of enemy soldiers in this country who have kids here, as they are under the jurisdiction of a foreign govt.
So no changes need to be made to the 14th amendment. All that needs to be done is get a legal case to the Supreme Court.
Then they can interprete illegal aliens as not under the jurisdiction of the United States, and are under the jurisdiction of their home countries. This no birthright citizenship.
Example is a Mexican National crosses the border in Texas, had a kid in Texas, then goes back to Mexico. They would still be legally Mexican citizens and under the jurisdiction of Mexico. Hence their kids would not be US citizens.