.
Essentially, President’s Trump’s
Executive Order sets a new federal public policy under which the offspring of an illegal entrant foreign national, born on American soil, will no longer be recognized as a United States citizen upon birth.
Keep in mind there is nothing in our Constitution, a federal statute, or a Supreme Court ruling, which pronounces that a child born on American soil to an illegal entrant foreign national is a U.S. citizen upon birth.
Current
public policy, and only current
public policy, presently recognizes a child born on American soil to an illegal entrant foreign national as a United States citizen upon birth.
Why is this so? According to Section 1 of the Fourteenth Amendment, a
qualifier exists,
“. . . and subject to the jurisdiction thereof. . . ”, which must be meet for citizenship to be granted. When examining the Congressional Debates during the framing of the Fourteenth Amendment, sufficient evidence is found that the qualifier was intended to exclude from its operation children of
“. . . . ministers, consuls, and citizens or subjects of foreign States born within the United States . . . ” ___
Elk v. Wilkins, and
Slaughter-House Cases.
Considering that the 14th Amendment gives Congress, and only Congress, the exclusive power to adopt “appropriate legislation” to enforce the Amendment, it would be an encroachment upon Congress’s exclusive legislative authority for our Supreme Court members to attach their personal meaning to the Fourteenth Amendment’s qualifier, by which United States Citizenship is granted.
Let us recall that in 1924 Congress did exercised its exclusive power to enforce the Amendment by appropriate legislation and adopted the “Indian Citizenship Act of 1924”, extending United States citizenship to Indians as outlined in the Act. Since then, there is no “appropriate legislation” to be found under which Congress has extended citizenship, to the offspring of illegal entrant foreign nationals born on American soil.
At this point in time let us deal with the much touted case, United States v. Wong Kim Ark, which has been asserted by those who reference it, that it confirms a child born to an illegal entrant foreign national while on American Soil, is granted United States citizenship upon birth. That certainly is not true because Wong’s parents were, at the time of his birth, what we define today as
lawful permanent residents , (LPRs), and not illegal entrant foreign nationals which is what Trump’s Executive Order deals with.
Moving on, it is important to note that under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden when he was President. Not only did President Biden’s Administration allow, but effectively invited, millions upon millions of poverty-stricken, poorly educated, low-skilled, diseased, disabled, criminal, un-vetted terrorist and religious fanatic foreign nationals to flood across our border and settle in various communities where they began to inflict, and to this very day are inflicting, pain and suffering on American citizens and their children.
The policy making authority of our President is a hallmark of our Republican Form of Government, which also provides for elections in order to accommodate for change of existing
public policy.
It seems quite clear from the above, that President Trump’s E.O.,
"Protecting the Meaning and Value of American Citizenship” is not only constitutional, but is specifically designed to effectuate
public policy change which an overwhelming number of American citizens voted for when electing President Trump. And thus, our S.C. members should not get involved in this
policy making change, except to educate the public how our system works, and that elections have consequences, and one of those consequences is the setting new federal
public policy which no longer recognizes the offspring of illegal entrant foreign nationals born on American soil, as citizens of the United States upon birth.
JWK
“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story
