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Should Birthright Citizenship End?

Birthright Citizenship, a section of the 14th Amendment, states anyone born in the U.S. is automatically a citizen. Both Donald Trump and Scott Walker want to repeal the law. Should birthrate citizenship end?

67% of writers and pundits say no
see all 21 opinions below

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Should Birthright Citizenship End?  

Writers and pundits who say or about the topic, "Should Birthright Citizenship End?"
last 24 hours | latimes
Why the birthright citizenship question isn't settled - Los Angeles Times
"...Finally, the article mentions, but does not reconcile, the accepted rule that children of diplomats born in the U.S. are not citizens by birth, even though that exception has been grafted onto the 14th Amendment. That exception, denying birth citizenship to children born to parents who disclaim allegiance to American law, is analogous to children of parents who disclaim allegiance to American law by entering or overstaying in violation of American law.Can a Supreme Court ruling be predicted with certainty? No. But it is an issue that can properly be decided against birth citizenship for those illegally in this country...." see full article

1252 days ago | americanthinker
Arguing the Constitutional Case Against Birthright Citizenship for Children of ... - American Thinker

"...Let's look for a minute at the exceptions that illustrate and confirm the general doctrine. Foreign diplomats are not in allegiance to their host country because they carry with them the extraterritorial jurisdiction of their homeland. Citizens of an occupying power are not in allegiance to the host country because the territory they occupy is no longer under the effective protection of the host government. In accordance with same underlying principles, the congressional drafters and the Supreme Court acknowledged another exception: Individual tribal Indians were not in allegiance to the U.S. because at the time they were not governed directly or effectively by the Congress or the federal courts. Like the foreign diplomat and the minions of an occupying power, they were governed directly and effectively only by their own governments...." see full article

1252 days ago | dailycaller
U.S.'s Birthright Citizenship System Is Out Of Whack With Rest Of The ... - Daily Caller
"...While liberals and Democrats often point to other nations particularly to Europe as a guide for what U.S. policy should be, when it comes to birthright citizenship, the latest flash point in the presidential campaign, the U.S. is out of step with most of the developed world.The U.S. and Canada are the only two nations with advanced economies that recognize birthright citizenship, according to the Center for Immigration Studies (CIS), a group that is generally critical of immigration.The group analyzed policies for 190 nations and found that only 33 have what's known as a jus soli system, or right of soil, system. Children are considered citizens as long as they are born within such nations' borders, regardless of their parents' nationality...." see full article

1275 days ago | dailycaller
No, The 14th Amendment Doesn't Guarantee Birthright Citizenship - Daily Caller
"...Still, how could anyone even a not-very-bright person imagine that granting citizenship to the children of illegal aliens is actually in our Constitution? I know the country was exuberant after the war, but I really don't think our plate was so clear that Americans were consumed with passing a constitutional amendment to make illegal aliens' kids citizens.Put differently: Give me a scenario just one scenario where guaranteeing the citizenship of children born to illegals would be important to Americans in 1868. You can make it up. It doesn't have to be a true scenario. Any scenario!..." see full article

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1275 days ago | hotair
Bad news from HuffPo contributor: Changing the Constitution to end birthright ... - Hot Air
"...That's how the Court would wrestle with a statute in deciding whether it conflicts with the Fourteenth Amendment. If the amendment itself were amended, though, to limit birthright citizenship to people who are here legally, then there's nothing to wrestle with. The new limitation would be part of the Constitution via supermajority ratification, and the Constitution wait for it can't be unconstitutional by definition. If anything, the Court would be forced to strike down any statutes in the future that attempted to restore birthright citizenship to children of illegals since that would obviously be in conflict with the new, revised Fourteenth Amendment. Either Farias doesn't grasp what makes something unconstitutional or he's proposing something like substantive due process for constitutional amendments, where the Court would take it upon itself to decide that certain unwritten principles hidden in the penumbras or whatever of the rest of the Constitution tacitly prohibit certain types of new amendments from being enacted, even if the proper Article V procedures are followed. As I say: Armed rebellion...." see full article

1275 days ago | businessinsider
Donald Trump and other GOP candidates want to radically alter a 150-year-old ... - Business Insider

"...The renewed enthusiasm around the idea has the potential to put Republicans in a politically perilous position. It comes one presidential-election cycle after Republican presidential nominee Mitt Romney was walloped by 45 points among Latino voters against President Barack Obama in 2012.Democrats and pro-immigration-reform activists have been quick to condemn the idea, claiming that changing the concept of birthright citizenship would alter the founding idea of the US as an immigrant-friendly country."It would be a constitutional change that would really alter how we view ourselves as a nation, and how we've thought about what it means to belong," Melissa Keaney, a staff attorney at the pro-reform National Immigration Law Center, told Business Insider...." see full article

1276 days ago | huffingtonpost
Sorry, Republicans: Ending Birthright Citizenship Would Be Unconstitutional - Huffington Post

"...It turns out that the very idea of amending the Constitution to end birthright citizenship for the children of immigrants -- a move that squarely targets Latinos -- would probably be found unconstitutional. The same would be true for a Republican-backed bill with a similar goal that's pending in Congress.The reason these proposals would be found unconstitutional is rooted in the very thing Republicans are attacking: the 14th Amendment of the U.S. Constitution.Because for all the provisions and principles that the 14th Amendment stands for -- and birthright citizenship is only one of them -- one of the amendment's cornerstones is its promise of equal treatment for everyone...." see full article

1276 days ago | newsweek
What Is Birthright Citizenship, Anyway? An Explainer - Newsweek

"...But, in 1982, the court ruled in Plyler v. Doe that the jurisdiction clause could not be used as the basis for denying admittance of illegal alien children to public schools. The ruling said, Use of the phrase within its jurisdiction' confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory. Worse for Trump, in 1898, the Supreme Court ruled in United States v. Wong Kim Ark that children born in the United States to noncitizen parents are still United States citizens, under the amendment.That could be problematic for any candidate advocating mass deportation of anchor babies. According to Trump's policy paper, the justification for ending birthright would be the following:..." see full article

1276 days ago | breitbart
Scott Walker Echoes Donald Trump: End Birthright Citizenship, 'Build the Wall' - Breitbart News
"...Foreigners with no affection or loyalty to America can use these children anchor babies, in common parlance to latch onto the social safety net and take advantage of one of the most valuable possessions in the world: U.S. citizenship.Notorious Mexican drug lord El Chapo sent his wife, herself an anchor baby and daughter of another drug lord, to give birth to twins in California. In another example of an immigration success story, federal authorities knew exactly what El Chapo was planning but refused to stop his family form gaining a foothold in the U.S...." see full article

1277 days ago | washingtonpost
Donald Trump and Scott Walker want to repeal birthright citizenship. It's ... - Washington Post

"...Amending the Constitution is notoriously hard, which is why it has happened only 27 times in American history 10 of which were passed en masse when our country was founded. It requires either 1) two-thirds approval in the House and Senate, followed by ratification of three-quarters of the states, or 2) the development of amendments at a constitutional convention called by two-thirds of the states and then ratified by three-quarters. Only the former method has been used.It's a bit tricky to extrapolate from existing polling about birthright to attitudes about permanently altering the Constitution, so it's also hard to say exactly what might happen if such an amendment were actually proposed. But it's worth noting that the subject of birthright is far more common on the right. The most common form of opposition to birthright citizenship has been against "anchor babies," a term used to refer to children of people who come to the United States, often illegally, to have babies who can then eventually take advantage of the natural-born right to be a citizen. (Trump apparentlyused the term in a 2011 book.)..." see full article

1277 days ago | newsworks
Trump's clown car express: Ending birthright citizenship -
"...Donald Trump's newly-unveiled immigration plan is predictably ridiculous - shock jockette Ann Coulter calls it "the greatest political document since the Magna Carta," which is all you need to know - and worst of all is his extremist proposal to abolish an American principle that dates back to 1866.You know how Republicans always pride themselves as being "the party of Lincoln," the original party of civil rights? So much for that notion. The Republican frontrunner (?!) wants to erase the key 14th Amendment provision which awards U.S citizenship to all babies born on American soil. That guarantee is embedded in the Constitution, and the language is unequivocal: "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."..." see full article

1277 days ago | washingtonpost
Did Republicans just give away the 2016 election by raising birthright ... - Washington Post (blog)

"...For months, people like me have been pointing to the fundamental challenge Republican presidential candidates face on immigration: they need to talk tough to appeal to their base in the primaries, but doing so risks alienating the Hispanic voters they'll need in the general election. This was always going to be a difficult line to walk, but a bunch of their candidates just leaped off to one side.After Donald Trump released his immigration plan, which includes an end to birthright citizenship stating that if you were born in the United States but your parents were undocumented, you don't get to be a citizen some of his competitors jumped up to say that they agreed. NBC News asked Scott Walker the question directly, and he seemed to reply that he does favor an end to birthright citizenship, though his campaign qualified the statement later. Bobby Jindal tweeted, We need to end birthright citizenship for illegal immigrants. Then reporters began looking over others' past statements to see where they stood on this issue, and found that this isn't an uncommon position among the GOP field. Remember all the agonizing Republicans did about how they had to reach out to Hispanic voters? They never figured out how to do it, and now they're running in the opposite direction...." see full article

1277 days ago | hotair
Here we go: Marco Rubio opposes repeal of birthright citizenship, contra Trump - Hot Air
"...Er what 10 things in the Constitution would Jeb Bush like to change? But I digress. Here again you have a guy urging righties not to waste time on quixotic pursuits like trying to change a constitutional amendment and not just any amendment but the one that guarantees due process and equal protection when there are other feasible priorities, like improving border security and removal procedures, that can reduce the number of children being born here to illegals in the first place. As the NRO editorial board, in a piece otherwise applauding Trump's immigration plan, put it, While birthright citizenship is abused now, ending it would be a Herculean task politically and the Supreme Court is unlikely to be cooperative. Mark Krikorian, NRO's most prominent writer on immigration, backs ending birthright citizenship for newly arriving illegals only as part of an amnesty for illegals who are already here, so that their kids don't grow up without a civic tie to their homeland. Again, though: If you stop the flow of illegals, you don't need to worry about birthright citizenship.I'm in the middle on this in that I think Trump, Walker, and Jindal are right on the merits but that it's a weird fight to pick in the middle of a presidential campaign. Of course we shouldn't reward or incentivize illegals by promising them citizenship for their children (and, implicitly, permanent residence for themselves) if they make it across the border before mom's water breaks. Every comprehensive reform plan that comes down the pike in Congress is loaded with measures designed to try to reduce the incentives to immigrate illegally pay back taxes, go to the end of the line in applying for citizenship, etc. Birthright citizenship creates an incentive so strong that entire birth tourism industries have sprung up around it. Also, while it's true that getting SCOTUS to read birthright citizenship out of the Constitution is a long, long shot, all it would take to force the issue is have Congress pass a law and wait for it to be challenged in court. You wouldn't necessarily need to repeal that part of the Fourteenth Amendment, as Rubio implies. You could take your chances with John Roberts and Anthony Kennedy. They wouldn't let conservatives down, right?..." see full article

1277 days ago | thinkprogress
Every Republican Is Racing To Change The Constitution. This Is Why That's A ... - ThinkProgress
"...For starters, eliminating this basic American right would automatically make America's undocumented immigrant problem much larger. Though most estimates put the current undocumented immigrant population at around 11 million, a 2010 Migration Policy Institute study estimated that eliminating citizenship for every child with at least one undocumented parent to would balloon the population to 24 million by 2050. This change would automatically change the legal status of millions of people in America...." see full article

1277 days ago | huffingtonpost
Racist Fears Have Long Driven Attempts To Restrict Birthright Citizenship - Huffington Post

"...But rescinding birthright citizenship privileges would return the U.S. to some of its darkest chapters, when politicians tried to deny citizenship rights to black people and when the country was overtaken by anti-Chinese xenophobia. Walter Dellinger has been trying to push back against the anti-birthright citizenship movement since the mid-1990s, when he served as a top legal official in President Bill Clinton's administration and testified against such an effort before a House committee.He told The Huffington Post Tuesday that the country is at a "critical moment" in this debate, when a major political party may nominate as its presidential candidate someone who embraces the end of birthright citizenship...." see full article

1277 days ago | nationaljournal
Marco Rubio Once Benefitted From Birthright Citizenship, Now He's Open to ... - National Journal
"...Marco Rubio, who is running for president thanks to birthright citizenship, says he is open to the idea of ending it for children who were born in the United States to foreign parents."I'm not in favor of repealing the 14th Amendment," Rubio said during a Tuesday news conference at the rain-soaked Iowa State Fair. "But I am open to exploring ways of not allowing people who are coming here deliberately for that purpose to acquire citizenship."Birthright citizenship has become a hot topic on the Republican campaign trail thanks to celebrity businessman Donald Trump. On Sunday, he put out an immigration plan that calls for ending automatic citizenship to anyone born in the United States, which is guaranteed by the Constitution's 14th Amendment...." see full article

1277 days ago | nbcnews
What Donald Trump's Immigration Plan Means

"...Most of Trump's plan has no chance of becoming law. Constitutional amendments are almost never adopted, so ending birthright citizenship is deeply unrealistic. The U.S. could attempt to build some kind of border wall, but few Republicans in Congress support this idea and it is opposed by virtually all Democrats. The Mexican government is almost certain not to be paid for it. Mass deportations of illegal immigrants are also unlikely. Trump has two more plausible ideas. Some labor unions are wary of the growing number of foreign workers in the U.S., arguing American companies are too eager to seek employees from other countries instead of raising wages. Some limits on foreign work visas could be adopted. And even some Democrats, like California Sen. Dianne Feinstein, have raised concerns about sanctuary cities. The federal government could threaten to strip funds it sends to cities if those localities don't cooperate with national immigration policies...." see full article

1278 days ago | latino.foxnews
Birthright citizenship becomes an issue in US presidential race - Fox News Latino
"...The belligerent speech on immigration, with which Trump took over the campaign from the time he announced his candidacy on June 16, has forced his 16 rivals in the Republican primaries to toughen their stance on a very sensitive subject for Latinos, a decisive electorate in the presidential balloting that traditionally favors the Democratic Party.Walker, who in 2013 said that looking for a path to citizenship for the undocumented "made sense," admitted Monday that he has changed his mind and now favors his party's opinion that such a measure amounts to "amnesty."..." see full article

1278 days ago | statesman
Birthright citizenship is the law - Austin American-Statesman
"...The anti-immigrant movement justifies these actions by alleging such efforts would slow future illegal immigration. This allegation is without any factual basis. More importantly, the language of the 14th Amendment is unambiguous and leaves no room for exceptions. The underlying purpose is consistent with what this country stands for, and those who attack it are in direct conflict with the principles that made this country great.Our founding fathers rejected a monarchy based system where bloodlines define status and instead developed a value based system predicated by hard work and equality. Birthright citizenship is a natural byproduct of that perspective. Rather than fighting these fights, we would be better served celebrating our diversity and living our own American experience...." see full article

1278 days ago | thinkprogress
Donald Trump's First Policy Plan Is Even More Racist Than You Think It Is - ThinkProgress
"...On Sunday, Trump released a series of immigration proposals, one of which seeks to restore a similar vision of citizenship to the one embraced by the Supreme Court in its infamous Dred Scottdecision. Trump calls for the United States to [e]nd birthright citizenship, which he labels the biggest magnet for illegal immigration. In Trump's vision, the children of a disfavored class will once again carry tainted blood that disqualifies them from citizenship, even if his new target is the children of undocumented immigrants and not the descendants of men and women brought to this country in chains...." see full article

1278 days ago | bloomberg
Donald Trump Says He'd Abolish U.S. 'Birthright Citizenship' - Bloomberg
"...The plan attacks legal and illegal immigration from all angles. It leaves no option except for mass deportation of the estimated 11 million people in the country illegally "They have to go," he said Sunday on NBC's Meet the Press which would cost some $400-$600 billion to sustain, according to an estimate by the conservative group American Action Forum. It ends "birthright citizenship" which is enshrined into the Constitution under the 14th Amendment."I wish I could say we helped Trump's people write this, but the truth is they have not spoken with us," Mark Krikorian, the executive director of the Center For Immigration Studies, a group that seeks to slash immigration to the United States, wrote in an e-mail. Overall, he added, "none of the other Republican (or Democratic) candidates (with the exception of Rick Santorum) has as sound and as well thought-through an immigration plan."..." see full article

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