Trump Cannot Vitiate the 14th Amendment By Executive Order: Birthright will Stay

Posted on Oct 31, 2018 in Business Litigation

President Trump, in an attention grabbing maneuver, said he is preparing an executive order to nullify the long-accepted constitutional guarantee of birthright citizenship in the United States.  Yet, if he were to do so, he would run afoul to the 14th Amendment.  The words of the 14th Amendment are plain; Children born in the United States automatically become citizens of the United States.  That is, the president cannot erase the Constitution with an executive order.  The citizenship clause of the 14th Amendment, ratified in the aftermath of the Civil War, 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.” And the meaning of that clause is plain; children born in the United States are citizens of the United States.  Period.

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