Trumbull's interpretation has been used by opponents of birthright citizenship, like legal scholar Edward J. Erler, to argue against automatic citizenship, but the text of the Constitution can be endlessly dissected and analyzed for different answers.
Homeland Security and Pentagon officials said Monday that they will send 5,200 troops, military helicopters and giant spools of razor wire to the Mexican border in the coming days to brace for what Trump is calling an "invasion" of Central American migrants.
"Yeah, I have", Mr Trump confirmed.
President Donald Trump spoke during a rally, October 27, at Southern Illinois Airport in Murphysboro, Ill.
In the Axios interview, Trump incorrectly asserted that the United States is the only country that offers birthright citizenship. "It's ridiculous. It's ridiculous and it has to end", he said. How does Trump plan to end it?
The White House did not provide additional details of the planned executive order on Tuesday morning.
But Mr Trump said he had talked to his legal counsel and was advised he could enact the change on his own, contrary to the view of many constitutional experts.
Start with the text. "Phrase "and subject to the jurisdiction thereof" excludes mainly foreign diplomats, who are not subject to US laws". Illegal immigrants have a right under the Vienna Convention to consular contact if they arrested for a crime, for example.
Un cura fue escrachado por acosar a un joven — Estoy muy caliente
Además, en uno de ellos se presentó como el párroco de la iglesia Santa Teresita del Niño Jesús de San Juan . Ante esto, Ortega le insistió en que "lo atendiera" y lo acusaba de haberle "tendido una trampa" .
By contrast, the US -born children of foreign ambassadors and ministers do not qualify. The dispute turns on the phrase "subject to the jurisdiction thereof", which some argue ought not apply to children of illegal aliens.
On the liberal legal blog Balkinization, Indiana University law professor Gerard N. Magliocca, who has written about the subject, said the issue has been decided.
Both the 14th Amendment and the INA include this clause. What about the history?
The amendment was passed by Congress in 1866 during the period of Reconstruction after the Civil War. Their children are as American as you, and integration into American life begins in a way that discourages the creation of multigenerational non-citizen ghettos.
Republican Sen. John Conness of California responded.
"I think it would take a Constitutional amendment", she said. Even the children of unpopular immigrants, Conness stressed, including the Chinese and the Gypsies, "shall be citizens". "Concept of natural-born citizen in #14thAmendment derives from natural-born subject in Britain". The 14th Amendment guarantees right for all children born in the US.
In short, the original meaning of the 14th Amendment has been clear since 1866.
Trump's potential legal argument for overriding the common interpretation of the 14th Amendment and the INA, both ratified by Congress, amounts to challenging whether or not unauthorised immigrants to the United States are "subject to the jurisdiction" of the US.