Thread: 22 States file lawsuit against Trump's citizenship Executive Order

As many here must know by now, a number of states have FILED A LAWSUIT against Trump’s EXECUTIVE ORDER (PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP).


To substantiate their claim, Plaintiffs argue that the Fourteenth Amendment was intended to confer citizenship upon any person born on American soil. Plaintiffs assert “. . . when proposing the language of the Citizenship Clause to the Senate, Senator Jacob M. Howard of Michigan explained that, “[t]his amendment … is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is … a citizen of the United States.”

Keep in mind Howard’s comment does not address the important question of what is meant by “and subject to the jurisdiction thereof”, and that omission is in addition to Plaintiffs suspiciously avoiding the inclusion of Senator Reverdy Johnson’s clarification of the Fourteenth Amendment. Senator Johnson notes the absolute necessity connected to citizenship upon birth as follows:

[A]ll that this amendment provides is, that all persons born in the United States and not subject to some foreign Power—for that, no doubt, is the meaning of the committee who have brought the matter before us—shall be considered as citizens of the United States. That would seem to be not only a wise but a necessary provision. If there are to be citizens of the United States entitled everywhere to the character of citizens of the United States there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.”

Parents who are subject to the authority of the United States, within the meaning of the Fourteenth, enjoy political privileges such as voting, and have military service obligations when called upon, which is not the case of parents who are foreign nationals, and especially of foreign nationals who illegally enter the United States who give birth to offspring.

Petitioners in claiming the Fourteenth Amendment was intended to confer citizenship upon "any person" born on American soil gloss over the intended purpose and meaning of the qualifier “and subject to the jurisdiction thereof” and they dismiss the qualifier as being relating only to “tribal members and the children of foreign ministers”, when in fact the historical debates of the Fourteenth Amendment show otherwise, in addition to our very own Supreme Court noting in Elk v. Wilkins the Citizenship Clause’s jurisdictional qualifier means “not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”

Finally, Petitioners trout out and rely upon United States v. Wong Kim Ark as confirming “[a]ll persons born” in and “subject to the jurisdiction” of the United States…” “. . . entitles a child born in the United States to noncitizen parents to automatic citizenship…”. What Petitioners disingenuously omit is that the parents of Wong were Chinese immigrants who were legally living in the U.S., had established and enjoyed a permanent domicile and residence in the U.S. and were carry on a business. The Court, in Wong, did not consider citizenship with respect to the offspring of illegal entrant foreign nationals, who certainly are not “subject to the jurisdiction” of the United States within the well documented meaning of the Fourteenth Amendment.

The bottom line for rejecting the lawsuit against Trump’s PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP is, to date Congress has not exercised its Section V exclusive power under the Fourteenth Amendment to recognize and grant citizenship to the offspring of illegal entrant foreign nationals born on American soil, nor has there been a Supreme Court case called to decide if a child born on American soil to an illegal entrant foreign national is a U.S. citizen upon birth. The fact is, mere current and unwritten policy, not law, now recognizes them as such.


Our current president, under Article 2 of our Constitution, has administrative power allowing him to set new public policy ___ just as Biden did with his open border policy that has caused great harm to the United States.

President Trump has acted within the law, and exercised his administrative policy-making-power, so the offspring of an illegal entrant born on American soil will no longer be recognized as a citizen of the United States upon birth.

Elections have consequences, and part of the consequences of an election allows the setting new public policy . . . this is a fundamental hallmark of our constitutionally limited "Republican Form of Government" guaranteed by our Constitution.

If the State Plaintiffs do not like the lawfully adopted new policy their remedy is to be found under Article V of our Constitution, not through judicial lawfair, and they ought to propose a constitutional amendment declaring, as suggested in their lawsuit, that all persons born in the United States, regardless of their parent's citizenship or entry into the United States, are heretofore citizens of the United states" and would thus entitle them to all welfare benefits including programs administered by the States and jointly funded by federal and state dollars [see page 21 of their lawsuit] and explains what their lawsuit is really about . . . free government cheese provided by American citizen taxpayers.

JWK

America's wage-earning citizens are being made into taxed slaves by todays Democrat Leadership to pay for the economic and social needs of millions upon millions of foreign nationals who have invaded the United States’ border.

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Under the 14th Amendment’s, Section 5, Congress has exclusive power to enforce its provisions by “appropriate legislation” and did so under the Indian Citizenship Act of 1924. As we speak, there is no S.C. Case, or Act of Congress by which citizenship is recognized for the offspring of illegal entrant foreign nationals born while on American soil. Doing so is mere unwritten federal policy.


Under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden with his disastrous and destructive open border policy.


This policy making authority of our President, is a hallmark of our Republican Form of Government, which also provides for elections in order to accommodate change of existing public policy, as determined by the people through elections.


Since our Constitution does not grant citizenship to the offspring of illegal entrant foreign nationals born while on American soil, nor has Congress acted to grant such citizenship, or does a Supreme Court case exist in which this question was explicitly presented to our Supreme Court for consideration and affirmed such citizenship, and that mere federal policy has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States, President Trump is free to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.


Our S.C. does not have to get involved, nor should it! It should only confirm, elections have consequences, and our President has power to change existing public policy.

Elections have consequences!​



JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story

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