Good day all. Well the case everyone has been talking about, whether the children of illegal aliens born in the United States are actually native born Americans or not, is about to be heard by the Supreme Court.
This all goes back to an executive order signed by President Trump that declared that the children of illegal aliens who were born in the United States after a certain date would not be considered natural born citizens. The EO was challenged almost instantly, and has now migrated to the Supreme Court. Many people think that SCOTUS will once again rule that the 14th Amendment covers this, however, there is one little detail that is being used by the Trump Administration. It is this section of the 14th Amendment, “and subject to the jurisdiction thereof.” The full amendment reads as follows:
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
There are 5 sections to the 14th Amendment, but it is section 1 that the court is looking at. This is an absolutely major case and there are a lot of people commenting on it. Here are the details from Fox News:
The Supreme Court is poised to answer a fundamental constitutional question largely ignored for more than a century: Who qualifies as an American citizen?
The justices on Wednesday, April 1st, will hold oral arguments to review President Donald Trump’s efforts to limit birthright citizenship in the U.S., a landmark case with the potential to upend the lives of millions of Americans and lawful residents.
Of that, there is absolutely no doubt. However, I do question Fox’s opinion that it will affect lawful resident aliens and those who have had children born in the United States. These people came here lawfully and are “subject to the jurisdiction thereof” of the United States. Illegal Aliens, by their very nature, are not subject to the jurisdiction thereof of the United States. They are, quite literally, ongoing criminals and are not following the laws of the United States.
At issue is the executive order the president signed on his first day back in office, which would end automatic citizenship for nearly all persons born in the U.S. to undocumented parents, or parents with lawful temporary status in the country — a seismic legal, political, and social shift that critics note would break with more than 150 years of legal precedent.
Maybe it will and maybe it won’t. That is the whole question. If the ruling does uphold the EO and is very strictly and narrowly written, then it only affects the children of illegal aliens and only those born after a certain date.
Now, as I said, this is a very complicated case and there are opinions all across the board. I am not a lawyer and I am not a scholar of the Constitution of the United States. I’ve read it of course, as everyone should, and I have my opinions. One such opinion comes from an actual attorney, the host of Washington Gun Law.
He provides a good description of the case and the case law going back to the original Wong Kim Ark case. I am of the opinion that the two cases are very different, all due to that one little section previously mentioned, “and subject to the jurisdiction thereof.” I think it will make for a very interesting hearing before SCOTUS. The only question is, how will they rule?
I have no idea. Actually, that isn’t entirely accurate. We all know how the two leftists and the Biden DEI hire will rule. They have already made up their minds and nothing that is said is going to change them. For the rest? No clue at all.
Personally, I think they will rule against the Executive Order. If this is the case, then I think we will see a full on push to amend the Constitution of the United States. It won’t be to repeal the 14th Amendment, but to deal with the issue at hand, whether or not children born in the United States of illegal alien mothers/parents, are to be considered native born or citizens of the countries their mothers/parents came from. Will such an amendment be proposed? I think yes. Getting it ratified will be the problem. Democrats will be dead set against it. In any case, stay tuned!
Thatisall
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