Orangeburst
Attention all Planets of the Solar Federation
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Reason they wont rule that way is the existing foreign born that have already been deemed citizens. I dont think the court would open that can o worms.Key excerpts, though I'd urge reading the entirety:
In Wong Kim Ark, the leading case on birthright citizenship, the Supreme Court explained that “jurisdiction” referred to being born “within the allegiance” of the sovereign. The court held that a child born of parents with a “permanent domicile and residence in the United States” was a birthright citizen. Wong Kim Ark’s parents, as persons who came in amity, had entered into the social compact and were entitled to all the benefits of that compact, including not only the protection of the laws but also the benefits of citizenship for their children. Under the common law, the court observed, “such allegiance and protection were mutual.”
This is also why, as prominent editions of Blackstone’s commentaries explained, invading armies were excluded. “It is not cœlum nec solum” — it is neither the climate nor the soil — that makes a natural-born subject, “but their being born within the allegiance and under the protection of the king.”
Have Unlawful Entrants Given Allegiance?
Which brings us to the children of people who are present in the United States illegally. Has a citizen of another country who violated the laws of this country to gain entry and unlawfully remain here pledged obedience to the laws in exchange for the protection and benefit of those laws?
Clearly, the parents are not enemies in the sense of an invading army, but they did not come in amity. They gave no obedience or allegiance to the country when they entered — one cannot give allegiance and promise to be bound by the laws through an act of defiance of those laws. Such persons can even be summarily removed from the country without judicial procedures of the sort that would protect citizens. If the allegiance-for-protection view informed the original meaning of the text, then they and their children are therefore not under the protection or “subject to the jurisdiction” of the nation in the relevant sense.
The executive order’s exclusion of children born to mothers who are “lawful but temporary” residents is a more complicated question not addressed here. And whether Congress ought to grant naturalized citizenship to children born to those illegally present in the United States is a policy issue distinct from whether the 14th Amendment has already done so. The Supreme Court has, in a footnote, presumed that the 14th Amendment’s jurisdictional phrase applied equally to people who are here illegally, but the issue was neither briefed nor argued in that case; nor was it material to its outcome.
When they finally consider this question, the justices will find that the case for Mr. Trump’s order is stronger than his critics realize.