The political environment is heated regarding President Trump’s executive order that limits "birthright" citizenship. This order states that only children of permanent legal residents will be granted U. S. citizenship by birth, excluding children born to tourists, students, and undocumented immigrants on American soil.
1. Constitutional Debate:
• The legality of the executive order raises questions about the 14th Amendment, which asserts that anyone born in the U. S. is a citizen, except children of diplomats.
• Most legal experts believe the Constitution mandates citizenship for all born in the U. S. , yet the wording invites scrutiny, particularly the phrase "subject to the jurisdiction thereof. "
2. Interpretation of Jurisdiction:
• Critics argue jurisdiction is complete only for individuals subject to U. S. laws, like citizens and permanent residents, not for those temporarily in the country.
• Historical debate and state-level understanding of the 14th Amendment's meaning at ratification are essential for context.
3. The Language of the 14th Amendment:
• The full statement implies it only applies to individuals residing in a state, suggesting that non-residents may not be included in the citizenship clause.
• Temporary visitors aren’t subject to many obligations, like taxes or draft registration, further supporting this argument.
4. Historical Context:
• Discussions around "birthright citizenship" term began around 1980, historically, citizenship laws leaned towards considering babies born to temporary residents as non-citizens.
• The Civil War draft laws highlighted distinctions in jurisdiction applied to citizens vs. non-residents.
5. Common Law Misconceptions:
• Many legal opinions suggest U. S. law follows British common law regarding citizenship and allegiance, but this interpretation is criticized.
• American principles of citizenship differ from British expectations of allegiance, allowing for personal choice in citizenship.
6. Naturalization Act of 1790:
• The Act states that children born to U. S. citizens abroad are considered natural-born citizens, suggesting a clear link between citizenship and residence rather than mere birthplace.
7. Jefferson’s Citizenship Proposal:
• Jefferson proposed citizenship for children born to committed residents, implying a need for allegiance and intention to reside, not just physical location.
8. Limitations of the 14th Amendment:
• The Amendment was primarily focused on ensuring citizenship for black Americans, and its language regarding jurisdiction does not clearly extend to all temporary residents.
9. State Variability:
• Historical precedent varied by state regarding citizenship for children of temporary residents, indicating no uniform federal approach existed at the time of the Amendment's ratification.
The discussion surrounding Trump’s executive order on birthright citizenship highlights profound constitutional questions. The interpretation of the 14th Amendment remains contentious, suggesting a need for deeper examination of historical context, the language of the law, and distinctions between residency and temporary presence. This exploration emphasizes that understanding the limits of citizenship can be complex and may require a broader legal perspective.
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