The 14th amendment to the USA constitution says, "all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside".
"As a conservative, I'm a believer in following the plain text of the Constitution, and I think in this case the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process".
With just five weekdays to go before a high stakes election, Trump continues to bet on the same hot buttons that catapulted him into power two years ago.
However, the 14th Amendment of the U.S. Constitution says: "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".
One way to end birthright citizenship, Anton argues, is for Congress to pass legislation to clarify that the children of noncitizens are not subject to the jurisdiction of the United States, making them noncitizens under the 14th Amendment.
Donald Trump has has insisted he will move to end the right to American citizenship for the children of non-citizens born in the U.S., a pledge he made frequently throughout the 2016 campaign and one often dismissed as legally unfeasible by scholars.
"It would also likely deter the practice of foreigners having "anchor babies", where they aim to give birth to children on USA soil so as to obtain U.S. citizenship for their children at birth", Breitbart said. However, the more open and controversial the political motive, the more secure the constitutional legal position should be.
Why does President Trump not like the policy? Any decision by Congress would end up in court, Jadwat said.
But Judge James C. Ho, who Trump appointed to Fifth Circuit Court of Appeals, said changing how the law is applied would be "unconstitutional".
"They are not coming in", he said on "The Ingraham Angle".
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Following the Civil War, descendants of slaves were not considered USA citizens.
"Is birthright citizenship helping this country or is it hurting this country?"
A labor and delivery nurse in a small Central Ohio practice told The Epoch Times previous year that she deals with the "anchor baby" issue at least every month, especially with Africans and Asians. All of the countries in Europe grant citizenship by jus sanguinis - by "right of blood". "They're not even wanting to stay here, that's not the point". The fault falls on the mother who has made the choice to give birth in a country that is not her own.
Vaughan said cracking open the issue is "exciting". Ron Johnson, said Tuesday that the question of birthright citizenship is "a very legitimate debate" that he welcomes. "It may not be entirely satisfying or even complete, but we'll be further along".
"With an executive order", the President interjected, confirming he had thought about doing it. "If I was running for federal office, I'd have thoughts on it, but I'm running for state office - to me I'm focused on the state". "That had previously been a key part of the passport application, which required proof of citizenship".
The immigrant rights group FIEL condemned the possible executive order.
Vice President Mike Pence said the administration was "looking at action that would reconsider birthright citizenship". "I've always supported comprehensive immigration reform - and at the same time - the elimination of birthright citizenship", Graham said in a string of tweets.
They maintain that the US -born children of such immigrants-like foreign diplomats-actually have allegiance to a country other than the United States and therefore fall under a foreign jurisdiction. But there are many tools available to combat illegal immigration. The children, as citizens, can then sponsor their families to become USA citizens as well once they turn 21.
Sen. Lindsey Graham (R-S.C.) during Judge Brett Kavanaugh's confirmation hearing in Washington on September 4, 2018.
Republican Gov. Scott Walker, who once appeared open to ending birthright citizenship, dodged the issue. And my view is that this 14th Amendment birthright citizenship provision is one of our great assets in a democracy.