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The 14th Amendment, reconsidered

The 14th Amendment, reconsidered

Here he is in 2016. No one who debated and adopted the 14th amendment contemplated a large-scale influx of undocumented immigrants, or the rise of birth tourism.

SIMON: And here's the president in an interview with Axios, again talking about revoking birthright citizenship.

President Donald Trump has claimed that the provision of birthright citizenship has created an entire industry of birth tourism in the United States with Chinese people benefitting a lot from this "crazy, lunatic policy".

According to the Constitution Center, there was no time period for ratification of a proposed Amendment by the states.

The troops will bolster the existing National Guard and Customs and Border Patrol presence at the border, as a thousands-strong "caravan" of Central American migrants makes its way towards the United States through Mexico. And it was to protect their citizenship rights and reverse the Dred Scott decision of 1857.

"Legal experts have debated for years how to interpret the citizenship clause of the Constitution's 14th Amendment, but the consensus is one-sided: Most agree with the long-held tradition that it grants citizenship to those born on USA soil", writes Robert Barnes, chief Supreme Court correspondent for the Washington Post.

In effect, the Court ruled that US citizenship was reserved for white people. That ruling became infamous. And their citizenship was guaranteed in the 14th Amendment (1868). Paradoxically, the plaintiffs then allege the "Due Process Clause of the Fifth Amendment applies to all "persons" on United States soil".

And everyone living in the United States was assumed to be a citizen of the U.S. --unless some other citizenship was established. This was an economy that badly needed labor.

In the first half of the 20th century, Japanese immigrant farmers were denied the chance to buy their own land or gain access to profitable farmland.

At the moment, a baby born in the U.S. to a surrogate mother automatically bcomes a USA citizen under the 14th Amendment to the Constitution. But in practice, it didn't mean all persons.

Kate Middleton dazzles in Princess Diana's tiara at Buckingham Palace dinner
It was a wedding gift from Queen Victoria's son, the future King Edward VII , to his wife Princess Alexandra of Denmark in 1863. Prince Charles, the Prince of Wales and Camilla, the Duchess of Cornwall were also on hand for the banquet for 150 guests.

- The writer is a professor at the University of Massachusetts, Amherst.

"What (President) Trump is seeking to do is enact a constitutional amendment through executive fiat through the phone and the pen, and you can't do that", Matthew Kolken, an immigration lawyer who is an elected member of the American Immigration Lawyers Association's board of governors told Business Insider.

And so there's a case that occurs in the late 19th century that is a flawless example of this gap between ideals and reality. In other words, as long as you are born in the United States, you are a citizen.

One of the complications for Australians undertaking surrogacy in the United States is that if the executive order issues and is not stayed or frozen by the courts, then the children being born in the United States will not be recognised as U.S. citizens.

Birthright citizenship is a 150-year-old principle that says anyone born on U.S. soil is automatically an American citizen. Let's try around 30 countries.

Graham scathingly condemned the Democratic Party's attempts to derail the confirmation of Supreme Court Justice Brett Kavanaugh last month, and has embraced the president's fondness for wading into America's culture wars with headline-grabbing soundbites. The Supreme Court ruled in his favor, declaring that "citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution". "It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States". His case, however, has remained fundamental. After all, we are a kind and compassionate people, and saying gang violence doesn't count for asylum is a hard sell to people seeped in images of women and children fleeing their homelands, each with a horror story.

PAINTER: It really is the bedrock of what makes the United States a special country.

Trump alleged that the opposition Democrats want to continue giving automatic birthright citizenship to every child born to an illegal alien. That is of fundamental importance in a multiracial, multicultural democracy.

This authoritative and dictatorial stance on an issue as serious as immigration is Trump's way of rallying support before midterms and as Dara Lind of Vox says, "ending birthright citizenship has always been the restrictionist immigration proposal that's hardest to disentangle from simple xenophobia: the fear of immigrants changing the character of America and overrunning its (white) population". But the citizenship laws of the United States could be modified to give all NEW babies the same citizenship as their mothers: When the mothers are clearly Americans, so are all of their babies.

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