What the Supreme Court decided in the Birthright Citizenship case was disastrous, gutless, and…yet…at the heart of the issue is – WHO has the right to U.S. citizenship? Our Constitution (Art. I, sect. 8, ss 4) says “The Congress shall have Power…To establish an uniform Rule of Naturalization…”
Setting aside the mealymouthed pages of Chief Justice Roberts, he could’ve saved a lot of time baldly stating it’s not the Supreme Court’s job to do what Congress should do.
After all, no matter the high-minded legal phraseology, in the end SCOTUS was asked to do EXACTLY THAT…either way they ruled. Congress is the real culprit here, and for too long the American people have allowed them to dodge their clear duty.
A stop-gap plan can be made by the President, by declaring a Nat’l (and need I say Constitutional?) Emergency before this next election in November. Hey – his role in the Executive branch is to “…faithfully execute the Office of President of the United States, and …, preserve, protect and defend the Constitution of the United States…(and) take Care that the Laws be faithfully executed.”
And, you know – funny thing about the Rule-of-Law: it says that Receiving Stolen Property is a crime. And, that’s exactly what is transpiring now if illegal aliens giving birth in the USA WHILE ILLEGAL somehow claim birthright citizenship for their offspring. They STOLE their U.S. residence, ergo, a birthright too. Such a concept violates the Rule-of-Law, and deciding otherwise is a suicide pact for our Constitution.
Especially, when considering the ‘academic’ argument re, ‘subject to the jurisdiction thereof.’ Justice Alito’s dissent included an important caveat: “…children of ‘alien enemies’…born in hostile territory do not inherently acquire citizenship.” Duhhh
SCOTUS & Congress may obscure details with reams of legal folderol, but Pres Trump can cut to the heart of the matter – it’s his branch of government that enforces LAW…
…not suicidal nonsense. As for Congress, there’s a saying “…politics ain’t bean-bag…”
…but, sadly, for Congress lately – politics is always ‘kick the can down the road.’
And now SCOTUS has tripped over the can.