Democrats and critics of Trump's executive order to end birthright citizenship need to focus less on its constitutionality (it isn't) and more on whether birthright citizenship is a good thing and, if not, what is the alternative. The question should be asked whether birthright citizenship is being abused? I share a true story - my niece is a natal nurse at a private hospital in Newport Beach that caters and markets itself as a hospital where foreigners can come and have their baby and the baby can then be a U.S. citizen. All that is required is to prepay a lot of money since these are uninsured services and the hospital and doctors are charging full retail. Basically, rich Chinese can come to sunny southern California a few weeks before the due date, hang out at one of the swank hotels around Fashion Island, do a little shopping, wander over to the hospital, have the baby and then a few weeks later fly back to China with their newly-minted U.S. citizen. I submit that is an abuse of birthright citizenship.
I would like to see some Democrat say something like "Trump's executive order is unconstitutional, but birthright citizenship is being abused and here is the constitutional amendment I am proposing to fix it." Just hyperventilating about Trump doing something unconstitutional cedes the core issue to him.
I'm not sure if you take suggestions for future articles, but I'd like to better understand what happened with the ICE raids in Boston. The MAGA wing of my family has been all triumphant over Trump locking up "rapists and murderers," which doesn't really pass the smell test for me. I mean, I'm pretty sure rape and murder were both illegal under Biden... who were these folks really? Was it just that they were suspected of these crimes, not actually convicted?
Adrian, I am afraid this is all getting overlooked. Please report on this.
The 14th Amendment says that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ... " BUT I have seen some commentary that the Amendment does not apply to the children of diplomats and to "foreign soldiers in an army invading the United States." They are going to declare immigrants "foreign soldiers part of an army invading the United States." This is how they will try to get around it.
There's been 2+ million illegals living and working in Texas for 20-25 years. In that time the economy has boomed in scope and scale, diversification and wealth creation. I have a feeling these raids will focus of Blue cities and States to generate the video of brown people being frogged march onto buses and off to camps
One question on the designation of MS-13 as a foreign terrorist organization - since it was founded here in the neighborhood where I live in LA, wouldn't that make it a domestic terrorism organization?
My former housekeeper and friend - and her children - are so frightened. This is simply so morally WRONG in addition to unconstitutional (banning birthright citizenship). I understand the border situation was a bit out of control during Biden's early years but, as you say, it's been under control. Deport criminals - fine. No one argues with that. Or at least I don't. But decent hardworking people who have been here for decades and certainly have contributed to our wellbeing...These Trumper types are filled with such rage, loathing, darkness - tribalism as a reflection of their own brokenness
The Alien Enemies Act only applies when we're at war, Venezuelans and other citizens fleeing authoritarian regimes (as opposed to citizens of failed states or people who have a bad criminal situation at home) are legitimately entitled to asylum under international law and treaties to which the United States is a party, and the Fourteenth Amendment means what it says.
The Supreme Court got that last one wrong in 2024, looks like they'll get another chance to get it right.
So, all well and good, Adrian, okay, yeah, thanks for that. Can we just call it what it is: another example of recidivism from a convicted felon. Nothing new there. Happens every day in this country on every conceivable legal level even after "doing time". Such is not the case with the False Messiah. Lack of consequences breeds such behavior. Ask any parent who regrets not punishing their aberrant child. There is no "new political reality" only cowardice and lassitude being the order of the day. Such extremes, as viewed historically end badly, violently, brutally and in upheaval.
I love that the EO uses the well-established threshold of "common sense"...which, of course, works open to interpretation of the final arbiter, be it the public, the courts, or DJT. One supposes that, provided it serves the greater narrative and optics, it is the perfect sense and the obvious choice...at least for the time being.
My Grandmother was not granted citizenship in the United States although she was born here until 1907 as part of the price of admission of Oklahoma to the Union. The 14th Amendment did not apply to us as members of a 'domestic dependent nation' under the Marshall Doctrine of 1830. I have dual citizenship in the Cherokee Nation and in the United States because my tribal government was continued in full force and effect by an Act of Congress as part of statehood for Oklahoma. History is a hoot.
As I recall, it was supposed to be taken care of on day 1. Also, the Ukraine-Russia war. Everything he talked about was supposed to happen on day 1 because it's all so easy to fix. Tick tock, Don. Tick tock. (pardon the pun)
Sadly, we all know he will not face consequences for these failed promises by the MAGAverse or Republicans in congress or the oligarchs. Only support and acquiescence.
Another thing that will bite MAGA in the ass: Trump designated cartels as foreign terrorist organizations. Millions of MAGAs are hooked on illegal narcotics supplied by those cartels. This means any MAGA who buy drugs from cartel suppliers can be charged with giving aid and comfort and money to a foreign terrorist organization. How many years in prison does that bring?
Shane - by designating gangs and cartels as terrorist organizations, Trump adds weight to asylum applicants' application - credible fear in their home region due to government being unable to protect them from violence and oppression. Seems counterproductive when he's attacking our asylum process, but immigration judges will have something new to consider.
Excellent point, J: if asylum judges are honest and evenhanded, they will grant even more asylum requests to people fleeing these new "terrorist organizations." Trump clearly plays chess when we play checkers :-)
I am fascinated by the concept that the drafters of the 14th Amendment didn't consider "illegal aliens" as subject to the jurisdiction of the United States. Apart from the fact that immigrants weren't 'illegal" in 1868 so the drafters would have to have had a crystal ball, doesn't following that principle mean that every undocumented immigrant currently in federal prison has to be released because the US courts had no jurisdiction over them?
And where do the immigrations courts, or anyone else, get the ability to deport anyone if such courts have no jurisdiction?
United States v. Wong Kim Ark would seem to be precisely on point, and Wong was born when most of the drafters of the 14th Amendment were still alive; some were probably still alive when it was decided. Should be open and shut, but we'll see what THIS Court thinks.
This is a frightening time. If the courts allow this then other groups could be targeted to have their citizenship revoked. National emergency declarations are the tools dictators use to end democracy.
Democrats and critics of Trump's executive order to end birthright citizenship need to focus less on its constitutionality (it isn't) and more on whether birthright citizenship is a good thing and, if not, what is the alternative. The question should be asked whether birthright citizenship is being abused? I share a true story - my niece is a natal nurse at a private hospital in Newport Beach that caters and markets itself as a hospital where foreigners can come and have their baby and the baby can then be a U.S. citizen. All that is required is to prepay a lot of money since these are uninsured services and the hospital and doctors are charging full retail. Basically, rich Chinese can come to sunny southern California a few weeks before the due date, hang out at one of the swank hotels around Fashion Island, do a little shopping, wander over to the hospital, have the baby and then a few weeks later fly back to China with their newly-minted U.S. citizen. I submit that is an abuse of birthright citizenship.
I would like to see some Democrat say something like "Trump's executive order is unconstitutional, but birthright citizenship is being abused and here is the constitutional amendment I am proposing to fix it." Just hyperventilating about Trump doing something unconstitutional cedes the core issue to him.
I'm not sure if you take suggestions for future articles, but I'd like to better understand what happened with the ICE raids in Boston. The MAGA wing of my family has been all triumphant over Trump locking up "rapists and murderers," which doesn't really pass the smell test for me. I mean, I'm pretty sure rape and murder were both illegal under Biden... who were these folks really? Was it just that they were suspected of these crimes, not actually convicted?
It's both ironic and amusing that the birth tourists in his EO are often Russian women sheltering comfortably in his Florida hotels and condos.
Adrian, I am afraid this is all getting overlooked. Please report on this.
The 14th Amendment says that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ... " BUT I have seen some commentary that the Amendment does not apply to the children of diplomats and to "foreign soldiers in an army invading the United States." They are going to declare immigrants "foreign soldiers part of an army invading the United States." This is how they will try to get around it.
I AM ALARMED.
There's been 2+ million illegals living and working in Texas for 20-25 years. In that time the economy has boomed in scope and scale, diversification and wealth creation. I have a feeling these raids will focus of Blue cities and States to generate the video of brown people being frogged march onto buses and off to camps
One question on the designation of MS-13 as a foreign terrorist organization - since it was founded here in the neighborhood where I live in LA, wouldn't that make it a domestic terrorism organization?
My former housekeeper and friend - and her children - are so frightened. This is simply so morally WRONG in addition to unconstitutional (banning birthright citizenship). I understand the border situation was a bit out of control during Biden's early years but, as you say, it's been under control. Deport criminals - fine. No one argues with that. Or at least I don't. But decent hardworking people who have been here for decades and certainly have contributed to our wellbeing...These Trumper types are filled with such rage, loathing, darkness - tribalism as a reflection of their own brokenness
The fear and the cruelty is the point
The Alien Enemies Act only applies when we're at war, Venezuelans and other citizens fleeing authoritarian regimes (as opposed to citizens of failed states or people who have a bad criminal situation at home) are legitimately entitled to asylum under international law and treaties to which the United States is a party, and the Fourteenth Amendment means what it says.
The Supreme Court got that last one wrong in 2024, looks like they'll get another chance to get it right.
So, all well and good, Adrian, okay, yeah, thanks for that. Can we just call it what it is: another example of recidivism from a convicted felon. Nothing new there. Happens every day in this country on every conceivable legal level even after "doing time". Such is not the case with the False Messiah. Lack of consequences breeds such behavior. Ask any parent who regrets not punishing their aberrant child. There is no "new political reality" only cowardice and lassitude being the order of the day. Such extremes, as viewed historically end badly, violently, brutally and in upheaval.
I love that the EO uses the well-established threshold of "common sense"...which, of course, works open to interpretation of the final arbiter, be it the public, the courts, or DJT. One supposes that, provided it serves the greater narrative and optics, it is the perfect sense and the obvious choice...at least for the time being.
My Grandmother was not granted citizenship in the United States although she was born here until 1907 as part of the price of admission of Oklahoma to the Union. The 14th Amendment did not apply to us as members of a 'domestic dependent nation' under the Marshall Doctrine of 1830. I have dual citizenship in the Cherokee Nation and in the United States because my tribal government was continued in full force and effect by an Act of Congress as part of statehood for Oklahoma. History is a hoot.
The Supreme Court is in for a very rough ride over the next four years. I hope they’re ready.
So how long do we as a country give hime to get rid of inflation? Day 3? Day 20? Months? Years? Just asking!
As I recall, it was supposed to be taken care of on day 1. Also, the Ukraine-Russia war. Everything he talked about was supposed to happen on day 1 because it's all so easy to fix. Tick tock, Don. Tick tock. (pardon the pun)
Sadly, we all know he will not face consequences for these failed promises by the MAGAverse or Republicans in congress or the oligarchs. Only support and acquiescence.
Another thing that will bite MAGA in the ass: Trump designated cartels as foreign terrorist organizations. Millions of MAGAs are hooked on illegal narcotics supplied by those cartels. This means any MAGA who buy drugs from cartel suppliers can be charged with giving aid and comfort and money to a foreign terrorist organization. How many years in prison does that bring?
Shane - by designating gangs and cartels as terrorist organizations, Trump adds weight to asylum applicants' application - credible fear in their home region due to government being unable to protect them from violence and oppression. Seems counterproductive when he's attacking our asylum process, but immigration judges will have something new to consider.
Excellent point, J: if asylum judges are honest and evenhanded, they will grant even more asylum requests to people fleeing these new "terrorist organizations." Trump clearly plays chess when we play checkers :-)
I am fascinated by the concept that the drafters of the 14th Amendment didn't consider "illegal aliens" as subject to the jurisdiction of the United States. Apart from the fact that immigrants weren't 'illegal" in 1868 so the drafters would have to have had a crystal ball, doesn't following that principle mean that every undocumented immigrant currently in federal prison has to be released because the US courts had no jurisdiction over them?
And where do the immigrations courts, or anyone else, get the ability to deport anyone if such courts have no jurisdiction?
United States v. Wong Kim Ark would seem to be precisely on point, and Wong was born when most of the drafters of the 14th Amendment were still alive; some were probably still alive when it was decided. Should be open and shut, but we'll see what THIS Court thinks.
This is a frightening time. If the courts allow this then other groups could be targeted to have their citizenship revoked. National emergency declarations are the tools dictators use to end democracy.