Vote DEMOCRATIC on Nov 6 2018

Trump has:
•cut taxes for super-rich & corporations
•threatened coverage of pre-existing conditions
•inspired violence
•deepened the “swamp”
•demonized a free press
•denigrated immigrants
•ripped children from parents
•denied climate change
•lied & lied 

VOTE DEMOCRATIC

On Trump and Birthright Citizenship

President Trump has recently proclaimed that he has the power and authority to eliminate birthright citizenship through an Executive Order.

Trump is not simply misinformed on the birthright citizenship issue. He is a devious, manipulative, serial liar who, unfortunately, is adept at marketing himself and controlling the news cycle. Fearful of losing House control in the upcoming midterm elections, Trump has returned to the theme that sadly worked so well for him during the 2016 campaign: immigration. First he sought to mobilize his base through lies about a so-called “caravan” of peoples trying to make their way through Mexico to the United States. Now he has turned his attention to so-called anchor babies by raising the birthright citizenship issue. He will say or do anything to try to stir up his base of true believers and often low information voters. Hopefully his efforts will fail and Democrats will capture the House.

On birthright citizenship, SCOTUS ruled in United States v. Wong Kim Ark, 169 U.S. 649, in 1898, that the pertinent 14th Amendment language grants U.S. citizenship to all those born in this country with two notable exceptions based on English common law — the first exception is for children of foreign diplomats born here; the second exception is for children of enemy aliens who are in control of a part of this country where the child is born. This second exception does not apply to children of aliens unlawfully here. Those unlawful aliens are not enemies who have taken physical control of a part of this country (and hence are not at that point under U.S. jurisdiction). Pursuant to this SCOTUS decision, birthright citizenship applies to children born here of unlawful immigrants. SCOTUS would have to overturn existing precedent, to be sure not something the current conservative majority is resistant to doing based on recent outcomes, and, in my view, only then could Congress legislate under its power to implement the 14th Amendment. This is not within the purview of an executive order. Of course, the Constitution could be amended. I hope it is not.

A few lawyers and law professors seek to distinguish the holding in Wong Kim Ark on its facts. I believe they are mistaken in seeking to do so and that a reading of the entire SCOTUS majority opinion will make clear that the exact alien status of the parents in Wong Kim Arkwas not consequential to the Court’s holding.