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Thread: ‘Never Trump’ Yale Law Prof. Surprised Trump Has Not Moved on Birthright Citizenship

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    Super Moderator Newmexican's Avatar
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    ‘Never Trump’ Yale Law Prof. Surprised Trump Has Not Moved on Birthright Citizenship

    ‘Never Trump’ Yale Law Prof. Surprised Trump Has Not Moved on Birthright Citizenship Photo/ Evan Vucci

    by IAN MASON
    28 Mar 2017WASHINGTON, D.C


    WASHINGTON, D.C. – Peter H. Schuck, Yale University’s Simeon E. Baldwin Professor of Law Emeritus and self-described “militant moderate,” reiterated his opinion Monday that birthright citizenship is not required by the U.S. Constitution. Though opposed to many of the president’s positions, he was surprised the administration has not made opposition to citizenship for the children of illegal aliens more central to its immigration policy.

    Promoting his new book on the tough issues, including immigration, that are polarizing American politics, One Nation Undecided: Clear Thinking About Five Hard Issues That Divide Us, at an event at the American Enterprise Institute Monday, Schuck did not downplay his anti-Trump credentials, describing himself as “a ‘Never Trump’ person.” “I think Trump has proved his incompetence to be President in any number of ways,” he added.

    On at least one key immigration stance, however, Schuck appears to be in agreement with President Trump. In the 1990s, along with Yale Political Scientist Rogers Smith, he determined, in a book called Citizenship Without Consent, that the policy of granting citizenship to everyone born on American soil, including so-called “anchor-babies” — those born to illegal alliens — was not mandated by the Fourteenth Amendment to the U.S. Constitution as is popularly trumpeted by open-borders supporters. Trump came to the same conclusion on the campaign trail, once stating, “We’re the only ones dumb enough, stupid enough to have it.”

    Citizenship Without Consent fits into a wide range of constitutional scholarship opposing the idea of mandatory birthright citizenship. Like Schuck, much of this work on the issue is not limited to either side of the political spectrum. As birthright citizenship returned to the political center stage from its relative backwater status in the two decades ago when Citizenship Without Consent was first published, much of this body of scholarship has been swept under the rug by the media narrative that the Fourteenth Amendment mandates citizenship for the children of illegal aliens.

    Schuck has not backed off his assertion in his latest work. “…[C]itizenship automatically ascribed at birth was in fundamental tension with the liberal idea of mutual consent to political membership,” One Nation Undecided reads. On Monday, Schuck reiterated his continued belief in the constitutionality of the repeal of birthright citizenship. “We concluded, I think very persuasively, that birthright citizenship is not constitutionally required,” he said.

    Asked about his stance in light of Trump’s comments during the campaign and his rise to the presidency, Schuck said, “I’ve been a little surprised I haven’t heard more about birthright citizenship from the Trump Administration. I would have thought this would be high on their agenda.”

    http://www.breitbart.com/big-governm...t-citizenship/

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    Administrator Jean's Avatar
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    Birthright citizenship should be addressed. Don't recall President Trump ever mentioning it but maybe he will sometime in the future.
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    MW
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    Quote Originally Posted by Jean View Post
    Birthright citizenship should be addressed. Don't recall President Trump ever mentioning it but maybe he will sometime in the future.
    Seems I recall him mentioning it a couple times on the campaign trail. Not 100% sure though.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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    I hope he does - but not for a while.

    Right now, it would get shot down and quickly.

    He needs to get his feet under him, get the so called conservatives (if there are any) in Congress behind him and get someone on the Supreme Court that will back it.

    Otherwise, it will be stronger than ever.
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    Senior Member Judy's Avatar
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    Quote Originally Posted by Jean View Post
    Birthright citizenship should be addressed. Don't recall President Trump ever mentioning it but maybe he will sometime in the future.
    He mentioned it a lot during campaign, he referred to them as Anchor Babies and got beat up by the press. He didn't say as much as about it during the General Election, but quite a bit during the primary.
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    Senior Member Judy's Avatar
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    Quote Originally Posted by nntrixie View Post
    I hope he does - but not for a while.

    Right now, it would get shot down and quickly.

    He needs to get his feet under him, get the so called conservatives (if there are any) in Congress behind him and get someone on the Supreme Court that will back it.

    Otherwise, it will be stronger than ever.
    I think that's why he slowed down on DACA 2012. It will just be hundreds of thousands of lawsuits blocking it in addition to wild protests and probably riots, too.
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    MW
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    Quote Originally Posted by Judy View Post
    I think that's why he slowed down on DACA 2012. It will just be hundreds of thousands of lawsuits blocking it in addition to wild protests and probably riots, too.
    No, I think there is much more to it than that. Moreover, what basis would folks have for filing a lawsuit? A sitting President has the full power and authority to cancel any E.O. written by his predecessor. There are no legal questions on that point.

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    Quote Originally Posted by MW View Post
    No, I think there is much more to it than that. Moreover, what basis would folks have for filing a lawsuit? A sitting President has the full power and authority to cancel any E.O. written by his predecessor. There are no legal questions on that point.
    We know people don't have to have a 'basis to file a lawsuit'. Just make one up. After all, even lies, and omissions can keep a lawsuit going for years.

    Evidently he doesn't have the power to issue his own EO and have it enforced. When a federal judge can strike down a EO by the President - he can surely strike down the EO to cancel a previous one.

    We are not living in sane times. We do not have a judicial system that even gives thought to the Constitution or to laws of the country.
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    It will be interesting to see what comes up after Scalia's seat is filled.
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    Senior Member Judy's Avatar
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    Quote Originally Posted by MW View Post
    No, I think there is much more to it than that. Moreover, what basis would folks have for filing a lawsuit? A sitting President has the full power and authority to cancel any E.O. written by his predecessor. There are no legal questions on that point.
    DACA 2012 was not done with an EO by a former President. DACA 2012 was done by a Memo Directive by the Director of Homeland Security, Janet Napolitano.
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