Trump Tries to Change the Meaning of the Constitution

About Birthright Citizenship and the 14th Amendment | Day #2

The new president wasted no time in impressing his vile version of “Americanism” to the country. He signed a slew of Executive Orders, some of which are designed to re-define the very definition of American citizenship.

This is in reference, of course, to a particularly egregious Executive Order titled, “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP.”

While this title sounds innocent enough, it is nefarious in multiple ways. This order specifically denies “birthright citizenship” to certain classes of people. Look at this excerpt from the Executive Order:

“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

In essence, if it stands, this Executive Order takes away citizenship from illegal immigrants, as well as children born to foreigners here legally under a temporary visa. This is in direct opposition to the birthright citizenship clause of the 14th Amendment to the U.S. Constitution.

Furthermore, this Executive Order baldly lies about the Constitution, the law, and the 14th Amendment in stating that “But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”

This is historically and legally incorrect. In 1898, the U.S. Supreme Court, in a 6-2 split decision (United States v. Wong Kim Ark, 169 U.S. 649 (1898)), ruled that the simple wording of the 14th Amendment DOES confer citizenship at birth to anyone born in the U.S. (excepting children born to foreign diplomats).

Wong Kim Ark was born in California to Chinese immigrant parents. At that time, Chinese were prohibited by law from becoming citizens, so his parents were legally subjects of the Chinese Emperor. It was this point that caused officials in California to deny Wong Kim Ark’s return to the U.S. from a family visit to China. They said he was not a citizen, and therefore, could be denied entry. (See more on the Chinese Exclusion Act).

Mr. Wong filed suit in court, and, in 1989, the U.S. Supreme Court ruled in his favor, stating that the first lines of the 14th Amendment were clear:

“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. “

In this court decision, they affirmed that anyone born in the U.S. and “subject to the jurisdiction thereof, are citizens of the United States.” The only exception is for children born in the U.S. to foreign diplomats.

Any child born of parents who are “subject to the jurisdiction thereof, are citizens of the United States,” is a citizen at birth. If, as Trump argues, undocumented aliens are outside the jurisdiction of the U.S., then logically, they cannot be held to account for any crimes or other unlawful activity. This is a classic case of Trump wanting his cake (denying birthright citizenship), and eating it too (legally arresting and deporting said aliens). Either they are under U.S. jurisdiction, or they are not!

While this action is par for the course in Trump World, a major concern here, is his attempt to unilaterally reinterpret a long-standing right guaranteed in the Constitution. The Presidency has a lot of power, and many of his Executive Orders will stand, but this one will end up in court, as multiple State Attorneys General have already filed suit to stop this dictatorial usurpation of constitutional power.

The President of the United States has no role in changing the Constitution (Sorry, not-sorry Donny), nor in declaring a dead amendment as affirmed (Sorry, Joe!)

Americans must remain vigilant as the new administration tries to undo our constitutional rights. Today he is trying to deny rights to citizens born of alien parents. Tomorrow, he may go after voting rights or the citizenship of other groups.

Take a deep breath. We shall overcome!

Here is a bit of humor for those of us who sweated through Inauguration Day!

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