On Tuesday, Axios reported that President Donald Trump wants to issue an executive order ending birthright, or "jus soli" citizenship — the standard that being born on U.S. soil grants automatic citizenship even if your parents are not citizens.
Trump has no power to do this. The 14th Amendment to the U.S. Constitution unambiguously states that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States." The amendment, passed in 1868, was mainly intended to grant full rights to former slaves, but it was widely understood at the the time that it would also apply to the children of migrant parents — and indeed, many xenophobic senators at the time voted against the amendment because it did so. The Supreme Court affirmed the 14th Amendment's reach in 1898 with United States v. Wong Kim Ark.
Social media quickly exploded at Trump's remarks, condemning him for both his reckless abandonment of the Constitution and his apparent intent to distract his base from bad press:
The founders set up the constitution so the president can’t do what he’s proposing to do with birthright citizenship. It’s a stunt, like sending the troops to a border for a non-existent invasion.
— Jim Acosta (@Acosta) October 30, 2018
Trump's claim that he can undo birthright citizenship by executive order will be an interesting test of Trump's constitutionalist and originalist supporters: Do they support Trump or the Constitution?
— Bill Kristol (@BillKristol) October 30, 2018
Jus Soli is standard procedure in most Western Hemisphere countries and the rule Trump says nobody follows can be found in such exotic locales as Canada and Mexico.
— Matthew Yglesias (@mattyglesias) October 30, 2018
Donald Trump CANNOT end the 14th Amendment by Executive Order.
— Shaun King (@shaunking) October 30, 2018
Period.
And he is only announcing this bigoted bullshit 7 days before the election to fire up his base. It's all bogus.
If the 14th Amendment’s guarantee of birthright citizenship could be wiped out with the stroke of Trump’s pen, the whole U.S. Constitution could be erased that way. There’s no limit to that dictatorial claim over all our rights. https://t.co/hfFfsDOAJL
— Laurence Tribe (@tribelaw) October 30, 2018
The 14th amendment has no military. It cannot fight for itself. It's no backstop at all, especially with Trump-packed courts. Stop smirking. Defeat the tryant.
— Tom Watson (@tomwatson) October 30, 2018
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News Today: 'It's a Stunt': Americans Rip Trump's 'Bigoted' and 'Bullsh*t' Promise to Repeal the 14th Amendment
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