Re:Trump to terminate birthright citizenship
by 0xcafecafe on Tuesday October 30, 2018 @11:06AM
(#18337199)
Seems like it. Between the tariff fiasco and the unfortunate events in the last week, there is plenty going on which they would want us to not focus on.
Re:Trump to terminate birthright citizenship
by krapp on Tuesday October 30, 2018 @06:40AM
(#18335277)
A more accurate title (albeit editorialized) would be "Trump to attempt ending birthright citizenship." The existing title assumes he has the authority to do so by mere fiat, which is debatable.
"It was always told to me that you needed a constitutional
amendment. Guess what? You don't," Trump said, declaring
he can do it by executive order.
When told that's very much in dispute, Trump replied:
"You can definitely do it with an Act of Congress.
But now they're saying I can do it just with
an executive order."
Who are "they?" Lawyers and scholars seem to be telling him otherwise.
Someone on Fox News?
The most likely result of this is going to be an object lesson on the limits of executive power.
Re:Trump to terminate birthright citizenship
by jki275 on Tuesday October 30, 2018 @08:42AM
(#18335942)
Well, there are two debates.
The debate about executive power is a critical one to have, that's been really brewing for probably about 14-16 years or so I would say just off the top of my head, and isn't limited to this particular issue.
However, this particular debate has to be on the merits. If the fourteenth amendment is found to not protect birthright citizenship, then the President actually does have the power to limit it by executive order. Nearly all immigration functions fall under the executive branch, unless Congress chooses to legislate on the issue -- on this particular issue I can't recall a specific law that addresses it and I suspect that given current leanings in the senate at least it would be very difficult to pass such a law.
Re:Trump to terminate birthright citizenship
by erpaa on Tuesday October 30, 2018 @06:25AM
(#18335216)
Very few countries have such right. In tightly-packed area of tiny countries of Europe such a birthright would have been a total mess. USA is also different, as it does not even know who and how many citizens it has, so it frequently counts them up in "census", whatever it means and how the hell it is even executed.
Someone on Fox News?
The most likely result of this is going to be an object lesson on the limits of executive power.
The debate about executive power is a critical one to have, that's been really brewing for probably about 14-16 years or so I would say just off the top of my head, and isn't limited to this particular issue.
However, this particular debate has to be on the merits. If the fourteenth amendment is found to not protect birthright citizenship, then the President actually does have the power to limit it by executive order. Nearly all immigration functions fall under the executive branch, unless Congress chooses to legislate on the issue -- on this particular issue I can't recall a specific law that addresses it and I suspect that given current leanings in the senate at least it would be very difficult to pass such a law.