Birthright Citizenship Isn’t Real
Donald Trump yesterday issued a new executive order declaring that so-called “birthright citizenship” does not apply to the children of foreign nationals residing illegally within the United States. The order reads, in part:
(a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
There is a common misconception in the United States that the Fourteenth Amendment to the US Constitution mandates that the US government grant citizenship to anyone and everyone born within the borders of the United States. This misconception is largely due to the fact that, for several decades, US courts and technocrats have conspired to redefine the original meaning of the amendment, and thus apply it to every child of every tourist and foreign national who happens to be born on this side of the US border.
Some have even attempted to define access to birthright citizenship as some sort of natural right. This is a common tactic among some libertarians who have twisted the idea of property rights to extend the idea of a “right” to the governmental administrative act known as “naturalization.”
Even when looking at the issue strictly in terms of procedural legal rights, however, it is clear that the current definition of birthright citizenship is in conflict with the law as originally intended and interpreted.
To understand the central point of contention, let’s note the text of the Fourteenth Amendment itself, which states that citizenship shall be extended to: “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof…” Note that there are two qualifying phrases here. The persons in question must be both born or naturalized in the United States and subject to the jurisdiction thereof.
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Article from LewRockwell
LewRockwell.com is a libertarian website that publishes articles, essays, and blog posts advocating for minimal government, free markets, and individual liberty. The site was founded by Lew Rockwell, an American libertarian political commentator, activist, and former congressional staffer. The website often features content that is critical of mainstream politics, state intervention, and foreign policy, among other topics. It is a platform frequently used to disseminate Austrian economics, a school of economic thought that is popular among some libertarians.
