October 31, 2018

Anchors Away

Executive Orders are a loathsome way to legislate. Originally designed to lay the foundation for executive philosophy -- ie.; a call for a general day of Thanksgiving -- they now serve as a means for the President to legislate outside of Congress.  Why the Legislative Branch hasn't gone running to the Judicial Branch to get these kind of EOs stopped remains a mystery.  

Well not really, the Judiciary is doing their best to usurp the Legislative Branch's authority too. 

Trump has floated the idea he may try to stop birthright citizenship for illegals via Executive Order. It does not work that way:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. source

The language of the 14th Amendment is plain as can be. The President does NOT have the power to alter the Constitution. Anyone born in the US is a citizen. EOS.  

There is a means to get rid of anchor babies. Executive Order is not one of them.


dragonlady474 said...

A big YEP on all counts!

Ed Bonderenka said...

He can interpret the law which has vever been ruled on by SCOTUS until they do.
Perfectly within his rights.
Particularly since Senator Howard was clear in his intent.

Fuzzy Curmudgeon said...

That “subject to the jurisdiction” thing, however, has been successfully litigated in the past, and thus birthright citizenship does not apply to, for instance, children of foreign diplomats born on US soil while they are posted here.

Since we are talking about children of parents who are here illegally, it follows that they are also here illegally, and therefore not “subject to the jurisdiction” of the United States.

Face it: The 14th was written to give former slaves citizenship. Period. Any other reading is penumbral and invalid.

Joe said...

The 14th has been stretched to mean far more than the authors ever intended for decades. Yes it was directed at slaves yet still protected gay sex.

And yes birthright citizenship is an athema.

Joe said...

And if there is a legislative path that is the method, not EOs

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