October 30, 2018

cONSERVATIVES DON'T:

Settled law: Birthright citizenship and the 14th Amendment (John Yoo, October 25, 2018, The American Mind)

President Donald Trump's call to end birthright citizenship has sparked a national debate. Within the Republican party, leading voices differ on the legitimacy of citizenship as a birthright. While some embrace the traditional view that the Constitution bestows citizenship on any citizen born on US territory, others agree with Trump that the Constitution permits Congress to decide on citizenship for those not born to U.S. citizens. Alternatively, some acknowledge birthright citizenship, but seek a constitutional amendment to abolish it.

Recently, the White House established a Citizenship and Immigration Services task force to denaturalize American citizens who gained citizenship through improper or questionable means. In addition, Trump administration members have vocally called for a stop to birthright citizenship entirely. As former national security official Michael Anton wrote in a recent op-ed, "the notion that simply being born within the geographical limits of the United States automatically confers US citizenship is an absurdity-historically, constitutionally, philosophically, and practically."

Conservatives should reject Trump's nativist siren song and reaffirm the law and policy of one of the Republican Party's greatest achievements: The 14th Amendment. According to the best reading of its text, structure, and history, anyone born on American territory, no matter their national origin, ethnicity or station in life, is an American citizen.

Posted by at October 30, 2018 4:30 AM

  

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