Why Trump’s birthright citizenship Executive Order is constitutional. Elections have consequences!
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Under the 14th Amendment’s, Section 5, Congress has exclusive power to enforce its provisions by “appropriate legislation” and did so under the Indian Citizenship Act of 1924. As we speak, there is no S.C. Case, or Act of Congress by which citizenship is recognized for the offspring of illegal entrant foreign nationals born while on American soil. Doing so is mere unwritten federal policy.
Under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden with his disastrous and destructive open border policy.
This policy making authority of our President, is a hallmark of our Republican Form of Government, which also provides for elections in order to accommodate change of existing public policy, as determined by the people through elections.
Since our Constitution does not grant citizenship to the offspring of illegal entrant foreign nationals born while on American soil, nor has Congress acted to grant such citizenship, or does a Supreme Court case exist in which this question was explicitly presented to our Supreme Court for consideration and affirmed such citizenship, and that mere federal policy has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States, President Trump is free to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.
Our S.C. does not have to get involved, nor should it! It should only confirm, elections have consequences, and our President has power to change existing public policy.
Elections have consequences!
JWK
“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story