The story treats the idea as if it’s merely another political plank, standard operating procedure, a debatable position.
That’s because it is, in part.
The Constitution cannot be changed by an Executive Order, so we can, and should, end that bit of hand-wringing. However, there is a clause within the citizenship sentence of the 14th which has never been tested in Court in a particular context, that being “are people here illegally in the US “subject tot he jurisdiction thereof” of the US? Or of their native land? Both?
If a Court decides, and a Court SHOULD be forced to decide, the answer to that question, then birthright citizenship could end for the children of illegal immigrants only, ending a perverse incentive to migrate here illegally.
The lede is, “Trump proves he wants white ethnostate, a key white nationalist plank.” To report this, they’d have to know the history of the 14th Amendment, why it exists, and why it guarantees birthright citizenship.
I suspect they didn’t write that lede because it’s bullshit. If you remove the illegal immigrant “loophole” (in my view, that’s what it is) you do not remove the history of the Amendment and anything that Mr. Provo taught you. You simply remove an unintended consequence of the clause.
And if you understand THAT way of thinking, you also understand why the “white ethnostate” allegation is bullshit, too.
There’s no background about any of this in the Axios article.
Well, I’d love to say that the reason for that is that it’s not germane to what the POTUS wants to do, although that’s true. I suspect, however, it’s because your average reporter nowadays knows about as much American history as your average car mechanic. No insult to car mechanics intended.
I don’t think the people interviewing Trump had any of this basic understanding, something I learned thankfully due to a great high school civics teacher, whether or not anyone else did. Instead, they run with the plain headline, without this background.
Good. On that we agree.
Trump can’t just do this. He can’t just wave a wand and take away citizenship.
Exactly. So don’t run around claiming the sky is falling. He can issue an EO, which the authorities have to obey. However, before the ink is dry on his signature, an injunction will be issued. And the Courts will decide. And knowing THIS Court, it will uphold the current practice of giving EVERYONE birthright citizenship unless Congress passes a law ending it for illegal immigrants. (There is such a bill in the House, and has 50 co sponsors, it should be said. And Sen. Graham has indicated he’s willing to sponsor one in the Senate. )
To do such a thing, he needs a lot of other people to agree with his racist policy.
Oh, stop. The term “racist” is so overused nowadays it doesn’t mean anything. It is not racist in the least to end a perverse incentive for people to enter your country illegally. It’s part of good governance.
And that’s what needs to be clear, that no matter how much anyone protests, this is flat out white nationalism and naked white supremacist racism in action.