Trump Vows to End Birthright Citizenship

Monday during an interview with Axios, president Trump announce an Executive Order was being prepared for his signature. Trump pledged he would put an end to anchor baby tourism. Will this unprecedented move bring the "resistance" back to the table on comprehensive immigration reforms? Or is it a signal that Trump has had enough of (D)'s obstructionism, and will take reform into his own hands? The SCOTUS is likely a more reliable ally in the fight to define constitutionally authorized presidential powers. Is DACA's repeal imminent? https://www.washingtonexaminer.com/news/trump-vows-to-end-birthright-citizenship

 

Very few countries have birthright citizenship, so from that perspective that's not an outrageous action.

Having said that, IMO it does represent a significant philosophical shift for the United States and a step that no previous President was willing to take.

If SCOTUS fully supports the President in this (and given the partisan nature of the new appointees, there's no reason why not), then it also seems to signal a significant transfer of power from the legislative branch to the executive branch. A GOP President no longer needs to go through congress and can largely rule by fiat. A Democratic Party president OTOH would be subject to full congressional scrutiny and in any case any legislation which was passed would be quashed by SCOTUS in any case.

 

You're not making a logical argument. Obama's DACA is an EO. EO's aren't new, and don't require a transfer of power, just an affirmation of power.

 

Just posted a thread on this but you beat me to it. This is a fantastic move by Trump and with the new Supreme Court it has a great chance of success.

 

The removal of birthright citizenship does seem to me to be a larger change than DACA - I could be wrong.

Of course EOs aren't new but the volume of them and scope of them do seem larger than typically during peacetime.

 

This guy never quits. Now he promises his gullible base that his executive order will override the Constitution. Well, you've got yourself a conservative court now that will quash this faster than a steamroller on road kill. That's why, IMO, a conservative court today is a very good thing. They keep some nut with visions of grandure from doing stupid things like trying to override the Constitution with an Executive Order.

Didn't the great Trump accuse Obama of "unconstitutional executive orders?" What a hoot.

 

How is it larger than DACA?

 

Yeah. Not sure he is going to find any allies on the SCOTUS in this issue.

So you don’t think an EO overriding the constitution is a little bigger deal than a policy that gives immigrants a 2 year window without deportation but no path to citizenship?

 

I'm not a constitutional scholar but the very little bit of reading I have done on the subject indicates that birthright citizenship stems from the 14th amendment to the constitution. If that is indeed the case then changing the constitution by executive order does seem to be a significant extension of EO powers.

Then again President Trump claims to have consulted WH counsel and has been assured that this is fine.

That said President Trump claims that the US is the only country with birthright citizenship and he's absolutely wrong about that.

 

The fourteenth amendment was to give American Indians citizenship. It was not about immigration.

 

Yeah this one is going no where, I can't support that but do understand the why.

 

DACA was a single programme applied to a smallish group of people.

Removing birthright citizenship is a permanent and fundamental change.

 

Just out of curiosity who else? Not that it matters.

 

It'll definitely come down to justification for the EO. I'm almost convinced that it's intended to put the heat on (D)'s to negotiate reforms. You can ask MODs to merge threads ... I've done so myself. But multiple threads, including "racist threat to democracy" are guaranteed so ... meh.

 

Then they should have written it in the constitution.

 

Smallish? It's the same size group Trump's new rule would effect. The same people actually

 

It was a given at the time but yeah they should have and would have if they could see a hundred years into the future

 

This will be interesting to see how this plays out, if the President goes forward with it.

I have no doubt it will end up in the Supreme Court, where the meaning of "subject to the jurisdiction" will finally get adjudicated.

There should be no automatic birthright given to children born to people living in the country illegally.

 

I'll just let my late thread die a natural death. Don't care who started the discussion it's a good one.

 

EO's aren't permanent, and this EO hasn't been unveiled yet. DACA had a "sunset provision" but of course was subject to repeal by any new administration. I don't think you understand EO's.

 

Exactly! That's like saying children of the bank robber get to keep the money

 

Yes, a small, time bounded group - who have to adhere to specific conditions - and who aren't the same people, DACA applies to those brought to the US as children.

The removal of birthright citizenship will be permanent and so the numbers affected would grow each year.

 

True, it hasn't been unveiled but President Trump has clearly said that he intends to remove birthright citizenship.

 

Not necessarily. A huge amount of illegal immigration would stop if Trump gets this through.

 

Are you ALWAYS a firm "originalist"? Isn't the constitution a "living, breathing" doc, subject to interpretation? I know it's hard, 'cause the constitution provides for EO's.