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06 November 2018, 02:44 | Darnell Patrick
UESLEI MARCELINO REUTERS Newscom
Even leaders in his own party have rejected the president's idea out of hand. Here he is in 2016. Phyer didn't deal with the issue of citizenship directly, but addressed another portion of the 14th Amendment -the Equal Protection Clause. If we abolish birthright citizenship, all pregnant women will be treated the same, whether they are Americans or citizens of some other country: All babies will have the same citizenship as their mothers. In this ruling, the Supreme Court determined that African slaves were not considered American citizens despite being born in America.
"It is not covered by the 14th Amendment because of the words "subject to the jurisdiction thereof". And it was to protect their citizenship rights and reverse the Dred Scott decision of 1857. In the 1898 decision in United States vs. Wong Kim Ark, the Supreme Court ruled that a child born to Chinese-citizen parents legally residing in this country was a USA citizen.
The latest data from the U.S. Census Bureau marks a almost 108-year record high of immigration to the country. And their citizenship was guaranteed in the 14th Amendment (1868). There was little opposition, except, of course, in former Confederate states. Nearly everyone present in the United States, even aliens, come within the jurisdiction of the United States. This was an economy that badly needed labor.
The scholars bluntly pointed out Trump constitutionally can't revoke birthright citizenship, since the 14th Amendment, enacted 150 years ago, explicitly says anyone born or naturalized in the U.S.is a citizen. But in practice, it didn't mean all persons.
- The writer is a professor at the University of Massachusetts, Amherst.
"He's also blaming the Dreamers" - people who were brought to the U.S.as toddlers, who are now in college, the military or in jobs - "for nothing they did wrong", Velasquez said.
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. If an American family is serving as missionaries in China, are all of their children born in China citizens of China? If the change were applied to children previously born to parents who were here illegally, the number would jump into the millions. In a tweet on Wednesday morning, President Trump endorsed a fringe legal theory that the children of undocumented immigrants are not citizens because their parents were not "subject to the jurisdiction" of the United States, as required by the Fourteenth Amendment. "We're not letting them into this country".
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In the future, the courts may expand this precedent to cover illegal aliens arrested upon crossing to the American side of the border.
But thanks to a relatively recent and very liberal misinterpretation of the 14th Amendment, even though the baby's parents are non-citizens, if they are born in America they get full USA citizenship.
In 1895, in his early 20s, Wong Kim Ark returned to the United States, the place of his birth.
And everyone living in the United States was assumed to be a citizen of the U.S. --unless some other citizenship was established. His case, however, has remained fundamental.
PAINTER: It really is the bedrock of what makes the United States a special country. In 1866, Sen. Jacob Howard, who authored the citizenship clause of the amendment, said, "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". That is of fundamental importance in a multiracial, multicultural democracy.
With congressional elections a week away, President Trump said on Tuesday that he'll seek to scrap the right of citizenship for USA -born children of non-citizens and illegal immigrants as he tries again to dramatically reshape immigration policies.
Instead of protecting and defending the Constitution of the United States, which he swore to do, Donald Trump is attacking our Constitution one amendment at a time.
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