The 14th amendment has been used incorrectly. People who were born in the US and who do not reside the US should never have been given citizenships.
The 14th amendment was written to give
former slaves citizenship. It
was used correctly to give citizenship to anyone born in this country, regardless of whether their parents were citizens or slaves or whatever.
I'm not saying a pregnant woman from another country should be able to fly to the US in 2018 and have a kid who gets automatic citizenship, but that is the way the constitution is worded... and as mentioned before, there is over 100 years of precedent to overturn if you want to change the way the law is interpreted
I know. I see two issues with it today.
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.Foreigners and their children without legal status
are not subject to the jurisdiction of the US, nor do
they reside (legally) in the US.
Almost right since they entered illegally they are subject to deportation. This will be interesting to see if the new Supreme Court rules an undocumented alien giving birth in the USA has a direct link to the baby.
It is physical link and that is the umbilical cord. So since the baby is attached to the mother and the mother has no official status does this mean the baby is undocumented and subject to trumps new proposed restriction.
Clever idea that would lose in a liberal supreme court.
Now that the court is not liberal it could fly.
Their have been legal decisions that favor trumps idea.
These would be the ones that let USA hold undocumented aliens in Cuba and waterboard them.
They eventually stopped practice but principle of putting an undocumented in Cuba was and is still allowed.
Well now you know why they let the guy that likes beer get on the court.
Personally it is very interesting idea I wonder how it will play out in court.