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Dennis Donovan

(30,394 posts)
Thu Jan 23, 2025, 07:24 PM Jan 23

Eugene Robinson: The real reason Trump wants to end birthright citizenship

Eugene Robinson - (archived: https://archive.ph/X2IsI ) The real reason Trump wants to end birthright citizenship

President Donald Trump sends a clear message that he only wants certain people in the U.S.
January 23, 2025



President Donald Trump’s executive order purporting to abolish birthright citizenship is unambiguously and profoundly racist. We can conclude only that this is the whole point.

The order plainly violates the Constitution and seeks to overturn crystal-clear Supreme Court precedent. In those affirmations of the principle that anyone born in this country is automatically a citizen, race was the central issue — a fact that Trump and his advisers must know. This history makes Trump’s order an act of performative racism that tells us, quite clearly, what kind of U.S.-born Americans he wants to exclude.

The saga begins before the Civil War with the Supreme Court’s infamous Dred Scott v. Sandford decision in 1857, which denied citizenship to people of African descent even if they were not enslaved. “A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a ‘citizen’ within the meaning of the Constitution of the United States,” the ruling held.

After the war, the race-based Dred Scott theory of citizenship was overturned by the very first sentence of the 14th Amendment, ratified in 1868: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The whole point was race: Black people born here have the same status, and the same rights, as White people.

Trump’s executive order pays lip service to the 14th Amendment and calls the Dred Scott ruling “shameful.” But it claims that the amendment’s phrase “subject to the jurisdiction thereof” gives Trump the right to deny citizenship to the U.S.-born children of undocumented migrants and asylum seekers — most of whom are Latinos, Haitians and others who come from what Trump once called “s---hole countries.”

/snip
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Srkdqltr

(8,268 posts)
1. Wasn't that long ago that there were articles about women coming here, staying in posh hotels to give birth.
Thu Jan 23, 2025, 07:32 PM
Jan 23

Then going back where they came from, giving the child citizenship.

valleyrogue

(2,009 posts)
6. Those children were called
Fri Jan 24, 2025, 10:52 AM
Jan 24

the vile and racist "anchor babies." Of course it is all racist as anything.

Srkdqltr

(8,268 posts)
7. But they were not anchor babies. They are American citizens with birth certificates. Dosnt say anchor baby.
Fri Jan 24, 2025, 11:20 AM
Jan 24

valleyrogue

(2,009 posts)
8. I know they weren't, but that is what the children of undocumenteds were called by the far right.
Fri Jan 24, 2025, 01:52 PM
Jan 24

Supposedly, women from Mexico and other Latin American countries just happened to have babies in the US for the reason the babies would get citizenship. Of course the babies were citizens, but the implication was there was something sinister or wrong with it. It stemmed from racism.

You don't hear that term used much these days. However, a few years back, the phrase was pretty common

Mike 03

(18,400 posts)
2. Eugene Robinson is really outstanding.
Thu Jan 23, 2025, 07:37 PM
Jan 23

You really have to contort that sentence beyond recognition to find a loophole in it. It seems crystal clear, doesn't it?

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”


People born in the United States ARE automatically subject to the jurisdiction thereof, aren't they? They are one and the same. Where's the loophole? Where is the wriggle room? I don't see it.



Norrrm

(1,246 posts)
4. Are all natural born children American citizens? No... there is one exception. Children of diplomats.
Thu Jan 23, 2025, 08:20 PM
Jan 23

Are all natural born children American citizens?

No… there is one exception.

Children of diplomats.

https://www.washingtonpost.com/opinions/birthright-citizenship-is-a-fundamental-constitutional-value/2018/07/20/49d7f9d2-8c46-11e8-8b20-60521f27434e_story.html?utm_term=.afecc93b0471&wpisrc=nl_most&wpmm=1

“The Supreme Court has long defined “subject to the jurisdiction” to carve out from the birthright citizenship guarantee only the children of diplomats who are immune from prosecution under U.S. laws. Meanwhile, if undocumented immigrants or their children commit a crime in the United States, they can be and are punished under U.S. law. In other words, they are - obviously! - subject to the jurisdiction of the United States. If born on American soil, they are also citizens of the United States.”

---------------------
Amendment 14
(Passed by Congress June 13, 1866. Ratified July 9, 1868.)

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

===================

Many folks bluff their belief that non-citizens do not have Constitutional rights and protections.

WRONG!

The “any person” part of Amendment 14 specifically provides certain Constitutional rights and protections to non-citizens.

BUT - there are some rights not granted to non-citizens.
……….. Different discussion.

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