Does Trump Have Case On Birthright Citizenship?

Read the NY Times: A Georgetown & Minnesota U law professor have jointed George Washington’s Prof Jonathan Turley in opining “Trump might have a case” for denying an illegal immigrant’s offspring “birthright citizenship.”

Wrote Randy Barnett and Ilan Wurman in their joint op ed : “When they finally consider this question, the Justices will find the case for Mr. Trump’s order is stronger than his critics realize.” You’ll recall No. 47 recently issued an EO ending birthright citizenship for children of illegal immigrants, but it was temporarily blocked by a US District Judge in New Hampshire, then, two others elsewhere. The key 14th Amendment reads: “All persons born or naturalized in the US & subject to the jurisdiction thereof, are citizens of the US & of the state wherein they reside.” But, the professors are pausing over that language & how it was meant to be applied to children of parents who snuck into the country illegally. The professors asked: “Has a citizen of another country who violated the laws of this country to gain entry & unlawfully remain here pledged obedience to the laws in exchange for the protection & benefit of those laws?”

They added: “Clearly, the parents are not enemies in the sense of an invading army, but they did not come in amity” as citizens have been historically defined. “They gave no obedience or allegiance to the country when they entered – one cannot give allegiance & promise to be bound by the laws through an act of defiance of those laws.” Trump’s DOJ will pick up on these themes as well as his own that the 14th Amendment “was meant to apply to the sons & daughters of slaves” after the Civil War. Just as surely, the opponents will cite several precedents overlooking parental hypocrisy so their offspring don’t suffer for it. Justices, when the case works its way to you, what say ye all?

Davd Soul