Published: Tue, November 06, 2018
Worldwide | By Myra Stephens

OTHERS SAY: Leave the 14th Amendment alone

OTHERS SAY: Leave the 14th Amendment alone

In my American legal history unit at the University of Sydney, after a couple of weeks of contextualising the legal, political, social, and intellectual world in which it was written, we spend a full week delving into the original text of the U.S. constitution. Instead there is a movement underway to reshape the Constitution from a document historically interpreted to grant rights to those living in the United States, to one that limits and even denies those rights. Generally, it is to show students that the world's oldest rights-based constitutional system is imbued with deep and intentional ambiguity. It would require a constitutional amendment. Also, should the Honduran plaintiffs and other members of the caravan eventually reach USA soil, they will still face difficulties in bringing their claims. That baby will be registered by the American embassy as an American citizen born overseas. How does one become one?

It has become abundantly clear that Trump supporters are pseudo-conservatives.

"Legal experts have debated for years how to interpret the citizenship clause of the Constitution's 14th Amendment, but the consensus is one-sided: Most agree with the long-held tradition that it grants citizenship to those born on USA soil", writes Robert Barnes, chief Supreme Court correspondent for the Washington Post.

Graham scathingly condemned the Democratic Party's attempts to derail the confirmation of Supreme Court Justice Brett Kavanaugh last month, and has embraced the president's fondness for wading into America's culture wars with headline-grabbing soundbites.

A 2013 Pew survey found the offspring of Asian and Hispanic immigrants to be "much more likely than the immigrants to speak English, to have friends and spouses outside their ethnic or racial group, to say their group gets along well with others, and to think of themselves as a 'typical American.'" Their median household income exceeded the national median. The plaintiffs, all of whom are part of the current caravan making its way to the US border, claim in their lawsuit that the Trump administration is violating their due process rights under the Fifth Amendment to the Constitution.

The 14th Amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".

Who is a citizen and entitled to citizenship rights was no longer ambiguous whatsoever.

"You've got all these benefits and things that American citizens rightly have and we voted and they can come in and increase the population illegally by 250,000 a year", Buchanan said.

According to CNN, more than four million children born in the United States live here with at least one undocumented parent, citing latest numbers from the nonpartisan Migration Policy Institute.

The media usually doesn't ask the prime question: What legal scholars?

Where does that leave Trump?

"You don't ... Now they're saying I can do it just with an executive order".

Given this context, I must admit to a general squeamishness about writing this. In the meantime, Trump will continue to boast his plan, in an ever condescending way, like as seen towards the end of his interview with Axios. is a project of the American Immigration Council. "When you're a star, they let you do that". In The Demographic Impacts of Repealing Birthright Citizenship, the Migration Policy Institute estimates that denial of US citizenship to children born to unauthorized immigrants would actually increase the unauthorized population from its current 10.8 million to 16 million by 2050.

With no such enshrined and unequivocal right of citizenship, Australia is dependent, to a large degree, on the goodwill of the majority to protect the rights of minorities. That order was ruled constitutional at the time, but it is universally castigated today as overtly racist.If POTUS 45's proposed citizenship declaration order is enacted, it will undoubtedly be challenged as contrary to the Constitution. And the right of anyone to own or hold salves was abolished forever in the United States of America.

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