Birthright Citizenship

Donald Trump signed an executive order ordering federal departments and agencies not to issue any citizenship documents to anyone born in the United States to a mother who was either illegally or temporarily in the United States unless the father was a citizen. This order stirred up controversy. Of the several lawsuits that have been filed, I have found one thing in common: An inability to read the law.

The question before the court was a question of race, not of jurisdiction. Since the Supreme Court had already decided the Wong Kim Ark case, this court extended citizenship not only to those who were children of permanent residents but to anyone born in the United States.

The Wong court tried to rewrite the Constitution to include permanent residents as “under the jurisdiction thereof.” While that may have been a logical position, it wasn’t supported by the law. Then, the Regan court extended that to include everyone born in the United States. In other words, the court’s creeping decisions are used to try to make the Constitution say something it not only does not say, in fact, was the direct opposite of the legislative intent.

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