Exclusive: Trump To Terminate Birthright Citizenship

[truth_seeker]

He can't amend the Constitution, but he can construe it.   That's what he appears to be proposing - to construe narrowly the 14A's existing limitation that birthright citizenship is limited to children born of persons "subject to the jurisdiction" of the United States.   

The authors of the 14th Amendment cannot have anticipated it would result in mass economic migrations, citizenship "tourism," etc.


It seems from history it merely sought to clarify the citizenship status of former slaves.

So IF Potus "construes," with the objective of reaching the "original intent" of the amendments' framers,is that okay?

Aren't there numerous precedents of just that use f EOs, courts, further amendments etc.?

[Jazzhead]

So IF Potus "construes," with the objective of reaching the "original intent" of the amendments' framers,is that okay?

Such construction will no doubt be immediately challenged in court, where it will be quickly made subject to an injunction while it winds its way through the courts.   The courts may ultimately decide,  but if in the meantime there is a Dem elected President,  the new President will no doubt rescind Trump's EO just as Trump rescinded most of Obama's EOs.

If, on the other hand,  the construction of the 14A is effected by an act of Congress,  it will similarly be challenged in court, and made subject to an injunction.  However, if the law is ultimately withheld, it stands a chance of being permanent.   Unlike an EO, it does not exist at the whim of the current President. 

[IsailedawayfromFR]

Such construction will no doubt be immediately challenged in court, where it will be quickly made subject to an injunction while it winds its way through the courts.   The courts may ultimately decide,  but if in the meantime there is a Dem elected President,  the new President will no doubt rescind Trump's EO just as Trump rescinded most of Obama's EOs.

If, on the other hand,  the construction of the 14A is effected by an act of Congress,  it will similarly be challenged in court, and made subject to an injunction.  However, if the law is ultimately withheld, it stands a chance of being permanent.   Unlike an EO, it does not exist at the whim of the current President.

anything can be brought before a court and any of us can construe the constitutional intent.

If you are implying otherwise, you are incorrect.