Birthright citizenship
“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.”
This is the first sentence of the 14th Amendment to the U.S. Constitution, passed by Congress June 13, 1866 and ratified July 9, 1868. The statement seems crystal clear. However, on the same day that he swore his solemn oath to “protect and defend the Constitution of the United States” Donald Trump issued a proclamation that many believe revokes the birthright citizenship clause of the 14th Amendment. The process for changing any provision of the constitution is stated clearly in Article 5. It cannot be done by presidential proclamation.
The White House announcement focuses not on the place of birth but on the question of jurisdiction, claiming that “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.” This is not true, which a quick Google search will readily confirm. A notable example is the Supreme Court decision in United States v. Wong Kim Ark (1898), in which the Court ruled in favor of Wong Kim Ark. “Because he was born in the United States and his parents were not ’employed in any diplomatic or official capacity under the Emperor of China,’ the Citizenship Clause of the Fourteenth Amendment automatically made him a U.S. citizen.” (U.S. Constitution Center)
Amending our constitution by decree is the exact opposite of protecting and defending it.
MICHAEL HEYD
Montoursville
Submitted by Virtual Newsroom