PizzaReverend:
Literally claiming he can defy the Constitution to do so.
If he can do that by Executive Order, then how about the next Democrat President revokes his Executive Order, and then revokes the Cotizenship of anybody who voted for this tyrant?
You apparently do not know what our Constitution commands. If Trump, by Executive Order, started to enforce the privilege of citizenship as the text of the 14th Amendment commands, and was intended by those who framed and ratified the amendment, a child born to a foreign national while on American soil would not be considered a citizen of the United States.
The myth of birthright citizenship
We are led to believe that if a foreigner enters our country illegally and gives birth to a child, that child, because of the 14th Amendment, becomes a citizen of the United States upon birth. As we shall see, that is one of the biggest myths perpetrated concerning the text and legislative intent of the 14th Amendment. Let us look at some documented facts.
In IN RE SLAUGHTER-HOUSE CASES, 83 U.S. 36 (1872) the Court states the following regarding the 14th Amendment:
âThat its main purpose was to establish the citizenship of the negro can admit of no doubt. The phrase, subject to its jurisdictionâ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United Statesâ
And why would the Court indicate the wording in the 14th Amendment which declares âand subject to its jurisdictionâ was intended to exclude from citizenship âchildren of ministers, consuls, and citizens or subjects of foreign States born within the United Statesâ
The answer is to be found in the Congressional Globe, 39th Congress, which framed and debated the 14th Amendment. For example, in discussing the proposed 14th Amendment, Senator Howard explains the clear intentions of the 14th Amendment as follows:
The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. 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. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.(my emphasis) see Congressional Globe, 39th Congress (1866) pg. 2890
Later, and after the question was repeatedly asked as to who is and who is not a citizen of the United States, Mr. TRUMBULL responds as follows SEE: page 2893, Congressional Globe, 39th Congress (1866)
âThe provision is, that âall persons born in the United States, and subject to the jurisdiction thereof, are citizens.â That means âsubject to the complete jurisdiction thereof.â . . . âWhat do we mean by âsubject to the jurisdiction of the United States?â Not owing allegiance to anybody else. That is what it means.â
Mr. Trumbull later emphasizes in crystal clear language that: âIt cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is âsubject to the jurisdiction of the United Statesâ
Mr. JOHNSON then rises to say: ââŚthere is no definition in the Constitution as it now stands as to citizenship. Who is a citizen of the United States is an open questionâŚ.there is no definition as to how citizenship can exist in the United States except through the medium of a citizenship in a State.
âNow, all that this amendment provides is, that all persons born in the United States and not subject to some foreign Powerâfor that, no doubt, is the meaning of the committee who have brought the matter before usâshall be considered as citizens of the United States.â ââŚthe amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.â
And then there is John A. Bingham, chief architect of the 14th Amendments first section who considered the proposed national law on citizenship as âsimply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizenâŚâ Cong. Globe, page 1291(March 9, 1866) middle column half way down.
And so, a baby born to a foreign national mother while on American soil is not subject to the jurisdiction of the United States within the meaning of the 14th Amendment, nor becomes a citizen of the United States upon birth.
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void.
