Supreme Court Preserves Birthright Citizenship. I Am Relieved
It is rare that I disagree with President Trump, this may be the first time I have written for that purpose. In my opinion Trump has done more for America than any President since Roosevelt protected us from Nazi Germany. Trump has made substantial changes, bold and targeted, that, in my opinion, have saved this country from decay and depravity, and I cannot begin to express the gratitude I feel for his contributions.
But this is one issue where I am glad he failed.
Birthright citizenship has represented hope for generations of people around the world. It sends a simple message. If you come to America, work hard, obey the law, support yourself, and build a life here, your children can become a Americans. That promise has helped make the United States a beacon of hope, generosity and opportunity for more than a century.
When I first heard that the Supreme Court had rejected President Donald Trump’s attempt to limit birthright citizenship, my first reaction was relief. That may surprise some people because I also believe our immigration system has serious problems that need to be fixed. We absolutely need to address abuses of birthright citizenship, including birth tourism and illegal immigration. But I do not believe the answer is to give political parties the power to redefine who becomes an American citizen with the stroke of a pen. This needs to stay that beacon of hope.
And yes, this is 99% an emotional thing, pride for an American generosity and welcoming that has been a been a part of us for a long time.
What Trump Proposed
President Trump signed an executive order on the first day of his second term that would have denied automatic citizenship to children born in the United States if their mothers were in the country illegally or only temporarily. That would have included not only illegal immigrants but also many people who were legally present, including students, temporary workers, and even some applicants seeking permanent residency.
Trump argued that these children were not “subject to the jurisdiction” of the United States as required by the Fourteenth Amendment. His administration claimed that because their parents did not have permanent legal status, the children should not automatically receive citizenship.
The concerns behind the proposal are not imaginary. Birth tourism has become a real business in some parts of the world. Some pregnant women travel to the United States specifically so their children will receive American citizenship. Others remain in the country illegally, knowing that a child born here will become a citizen under current law. These practices understandably frustrate many Americans who believe the immigration system is being manipulated.
The Supreme Court’s Decision
The Supreme Court rejected Trump’s executive order by a 6 to 3 vote. Five justices concluded that the Fourteenth Amendment itself guarantees citizenship to nearly everyone born on American soil, with only very limited exceptions such as children of foreign diplomats or occupying military forces. Justice Brett Kavanaugh agreed that Trump’s order could not stand, although he based his decision on existing federal law rather than the Constitution itself.
Chief Justice John Roberts wrote for the majority that, “Citizenship, then and now, was the right to have rights, to freely participate in our political community.” He continued, “The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
The majority relied on the language of the Fourteenth Amendment, the historical debates surrounding its adoption after the Civil War, and the Supreme Court’s 1898 decision in Wong Kim Ark, which recognized citizenship for a child born in the United States to Chinese parents. According to the majority, the Constitution has long been understood to provide citizenship to nearly everyone born here regardless of their parents’ immigration status.
The Arguments on Both Sides
The dissenting justices saw the issue very differently.
Justice Clarence Thomas argued that the Court had misunderstood the original purpose of the Fourteenth Amendment. He wrote that the amendment “was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.” He believed Trump’s restrictions should have been upheld. Justices Samuel Alito and Neil Gorsuch joined that view.
Supporters of Trump’s position argued that automatic citizenship creates incentives for illegal immigration and birth tourism. They pointed to women who travel to the United States solely to give birth and then return home with an American citizen child. They also argued that children born to temporary visitors should not automatically become citizens because their parents do not owe permanent allegiance to the United States.
Those defending birthright citizenship responded that the Fourteenth Amendment established a bright line rule that has provided certainty for more than 150 years. They argued that allowing presidents or Congress to redefine citizenship would create confusion, legal battles, and uncertainty for countless families. They also warned that changing the rule could eventually call into question the citizenship of millions of Americans.
Why I Believe the Court Got It Right
I understand why many Americans are frustrated with illegal immigration. I also understand why birth tourism strikes people as unfair. Those are real issues that deserve real solutions.
But I believe the solution is to fix immigration policy, not weaken one of America’s oldest promises.
If we allow the government to decide, from one administration to the next, which babies qualify for citizenship, we replace a clear constitutional principle with political uncertainty. That changes how the world sees America. Instead of a nation governed by enduring constitutional principles, we begin to look like a country where fundamental rights can change whenever political power changes hands.
And with the right to grant citizenship could come the right to strip citizenship – a brutal and callous measure that could be applied for political purposes. From my perspective, once citizenship is bestowed, the Constitution applies and we hold Constitutional responsibilities for them whether we like them or not.
For generations, immigrants have believed that America offered something unique. If you came here, built a life, contributed to your community, and raised your family, your children would have opportunities that many people around the world could only dream about. That belief has helped attract hardworking people from every corner of the globe.
I do not want America to lose that identity.
But by preserving birthright citizenship, I believe the Court preserved something more important. It preserved an enduring promise that America remains a nation where opportunity is protected by law rather than subject to changing political winds. And that America is still a land of promise and fairness and if you can get here and work hard enough, your children will be Americans.
For that reason, I am relieved.
“I believe the solution is to fix immigration policy, not weaken one of America’s oldest promises.” hmmm. let’s apply that to so many things……
The ruling is obvious and appropriate if you feel the Constitution, and the process, matter. The split decision sucks knowing that so many of the SCOTUS have their heads up their asses. A barely pass is not a win, but an invitation to try again. Kavanaugh’s weird dissent should tick you off to no end in that he provided Trump the way to get this done through a Congress that would die to gain some favor from him. Most justices would not even write a dissent in a case like this, but to provide an off-ramp is downright activist. I can see Lyndsey Graham on his knees with the new bill already. Why not say: I vote no, but here’s the roadmap to get you there.
Think you better hold your breadth, this one is not over yet and precedent does not mean a damn to this SCOTUS.
The only thing needed for a proper SCOTUS is to get rid of the three liberal bitches.
A pretty elegant proof that the Supreme Court is not in Trump’s pocket, wouldn’t you say?
Split decision on this, plus the Kavanaugh off-ramp dissent means he voted against on the law and for by Congress sounds half in the bag and totally in the pocket. And the campaign financing anti-democracy vote pretty much is all Trump, all the time. Sorry, tie goes to the runner.
Even you could only issue your support with an apology to Trump. Not to mention your famous: “In my opinion Trump has done more for America than any President since Roosevelt protected us from Nazi Germany.” Thank you for your support of the champion of The New Deal and the father of the modern Democratic Party. Funny how you spend a lot of time trying to tear it’s components down.
Did you already lower the price of your book? Say it ain’t so. I heard Larry was being investigated for dumping as his book is now selling below cost. I think you gents could write a great “here’s what we learned about self-publishing” article.
That is because Trump has done more for American than any president since roosevelt defeated the Nazis.
Bocca Joe: Thank you for your support of the champion of The New Deal and the father of the modern Democratic Party. Funny how you spend a lot of time trying to tear it’s components down.
Now, about those books……
I appreciate the kudos for the father of the modern Democratic Party, even though a racist at times. I can’t say I have the same legacy commendation for Trump nor would I ever compare folks to The Greatest Generation. Most important, I think Trump term one was a loser, culminating in covid deaths and the highest deficit and debt in our history. Debt is higher now, but only Trump has the potential to blow his covid deficit out of the water. On the economy, Biden stats better.
He is a felon. He is held liable for digital rape and defamation of a woman. And now, after being tossed by SCOTUS, he is stiffing her on his $5M penalty for defamation. Trump can’t come up with $5M to cover his own tab. But he made over $2B in the last two years, the most profitable years of his entire life. While being President making deals that profit him and his family.
Let’s see your line item comparison to FDR by Trump; I can use the chuckle.
Now, about those books…..
Seth’s world seems incredibly small and dull, like him. A world where minority people are inferior, where women be bitches, and liberals are communist scum. A small fantasy world with Seth and his white guy conservative buddies. like seems incredibly small white sausage fest. Yech.
Happy 250th.
GIve me your tired, your poor, your huddled masses yearning to be free.
All men are created equal. Women too.
Sure Dunger. It took the democrats a long time and a civil war to find out that all men were created equal. And it took another 100 years to arrive kicking and screaming. Even now a lot of buildings and roads in West Virginia are named after a democrat kkk leader. So STFU asshole.
Ben Dunger the Racist: And now you have taken our place! Not my Democrats, I am a bit younger than that. Not my parents Democrats, they were younger than that. Hey, my family fought for the North. Was yours there too? Others escaped Europe to get away from people like you and what you do. Others from Ireland to escape persecution from people exactly like you. People who judge, people who dishonor the words of our Founders, and of Jesus. Not that I care until your spew lashes out at me and mine.
I love West Virginia and have never met anyone as ugly as you there.
Shit, I took the bait again….. Ben: stay on point. The story is about the SCOUTS decision; it is not about me, except in your mind where, apparently, I live. Set me free, stop that. I don’t deserve to be a slave to your fantasies. Please, release me, let me go and let’s speak to the issues, if you even can. Doubtful.
Even cunts?
The issue is that the democrats today seem to think that black folks can’t speak for themselves if they wander off the plantation. And it’s true that the blacks who support republicans are harassed and called names. Sorry Dunger. You people have lost most of your token pets. And the socialist will blow away like a fart this coming midterms
Ben Dunger The Racist: over 90% of the blacks in Congress are Democrats or affiliated with the Democratic Party. The Racist Republican Party has 5 black members in Congress, we have around 63. If that’s all the data you had, which party has the tokens? I guess if, like you, it is felt it’s the Democrats, then it looks like what your party practices is systemic racism keeping blacks out of power and restricting their votes whenever you can. We hear you here Ben, we know what you are.
Again, the story was about SCOUTUS and birthright citizenship, an issue you apparently have nothing intelligent to speak about.
Dunger it’s true that many brain dead people are democrats. So where does the racism come from? I didn’t post anything racist. So remind yourself that shit doesn’t work anymore. And if I were racist I would absolutely say so with no hesitation. I despise democrats and that’s the way it is. Black or white. But I do hear much more racism from the black democrats. Even calls for violence. So again I suggest you clean your house before worrying about mine.
Ben Dunger says: “black folks can’t speak for themselves if they wander off the plantation” and wonders if he’s racist? So say so, with enthusiasm.
How much time does it take you to despise all liberals? You buy our products, you visit our businesses. Do you just suck it up for those occasions? Must make it hard to watch tv, go to movies, and the like.
You despise but listen in enough to know we are more racist and call for violence more often. Considering what you have said to me, that’s a huge number.
Nice try Dunger. I was speaking of the idiots in the democrat party. It’s your party that tries to convince blacks that they are too stupid to carry photo ID and have had a great part in destroying the black families and their independence. So the race card doesn’t work. Try something else. Dickhead.
Ben Dunger: does it matter that you use racist language for Democrats, many of whom are African Americans? Just like when you call me Dickhead, seems rude no matter what race I might be.
Who exactly is trying to convince blacks they are stupid to not have an id? My whole party? what a joke you are. And a racist, by your own words, unintended, intended, or just butt ugly stupid.
Again, has nothing to do with the article as all you can do is whine about my character, call me rude names, and use racist language to explain yourself.
Joe’s Last statement: ….if you can get here and work hard enough….
That implies that you are here legally, staying, assimilating, and working to better America with your presence.
Birth Tourism has to be outlawed, we gotta figure that out!. And people that are here illegally, really should not be able to have a child and he or she becomes a citizen. Add that to existing restrictions of military occupation and foreign diplomats. There are legit situations that Trump’s order may have restricted, so then we need to fix the law for the problematic areas, not a shotgun effect that overreaches. And of course, You can’t back up now, and so every citizen to this point would have to be grandfathered, so all the rhetoric about putting millions at risk is a joke. I would ask us to just use common sense.
We are better than any other country in the world. But…. Our downfall has clearly begun, coming due to our self-implosion of ridiculousness. . “Fall of Rome” – that’s us.
Agreed, not even necessarily legal, but staying assimilating and wanting to be an American. The scams and the infiltrations need to stop. This is not as easy as a blanket denial of the birthright but especially situation like the chinese billionaire sending pregnant women over to have u.s. citizen babies need to be dealth with as fraud.