Damon Root: Trump's Unconstitutional Attack on Birthright Citizenship
First: consider the source--and remember that libertarians are on the same side as the left on this one. That is: open borders or damn near it.
Second: I disagree with that position. Very much. I think that would be the end of the USA. Hence Western civilization. Hence, well, a large percentage of worthwhile things.
Third: I currently think that birthright citizenship is a very bad idea--and the drafters of the 14 Amendment would never have defended it if they knew how it would play out in the 21st century.
But, sadly, fourth:
The arguments in favor of the standard interpretation of the 14th Amendment sound stronger to me than those that support Trump's favored interpretation. It all turns on what '...and subject to the jurisdiction thereof' means. And it seems that, on the most natural--and the original--interpretation of that phrase, e.g. illegal aliens present in the U.S. are subject to its jurisdiction.
I think we would be much, much better off if people could not basically sneak across the border and have anchor babies. And if we could block e.g. Chinese birth tourism.
But I fear we're stuck with those things.
[Almost forgot:
Seems like bullshit to me to call the other interpretation an "unconstitutional" "attack."
It's a different interpretation of the Constitution.
Even if it's wrong...well...do we call mistaken interpretations "unconstitutional"?
Surely they're not all attacks...]
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