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The spur and the whip.

October 31, 2018

Many, many Americans think that granting citizenship via the birth canal is a remarkably dumb idea.

Others point piously to the 14th Amendment and decree that the matter is already law.

Rep. Thaddeus Stevens (*R?) who introduced the bill during the post-Civil War Reconstruction period did not include all his reservations and exclusions into the language.

We are now faced with dealing with something which was by all intents an attempt to right the wrongs indigenous to slavery i.e. one of those stones in the road of good intentions.

Some sources have reported that in his oratory introducing the bill, Stevens specifically mentioned illegal immigrants as a non-protected class, but since the problem at the time was discrimination against freed slaves, who were already residents, that language, although it goes to intent, was never codified.

That brings us to the present day.

Does the President really believe he can end birthright citizenship by executive order?

Probably not.

But can he force the matter into the Supreme Court or alternatively, force Congress to finally deal with immigration by issuing the order?

Absolutely.

It was remarkably juvenile of Paul Ryan to cite former President Obama’s executive order as a reason to oppose Trump’s interest in using an executive order, since even at the time, Obama cited  as reason for the order the failure of Congress to produce substantive and meaningful legislation dealing with the Dreamers.

All Ryan is doing is pointing out the fact that Congress is STILL not capable of doing nor willing to do its job a decade later.

Will President Trump move forward with an executive order after the election?  It remains to be seen.  It might just be a campaign stunt, as many Democrats accuse him of now.

However, knowing that dealing with birthright citizenship was one of the Presidents campaign promises, there is every likelihood that this will survive the election.

If Democrats are able to flip the House as seems likely, it is a foregone conclusion that no attempt will be made to deal with the question legislatively, which would leave him little choice but to proceed with the order.

We’ll see what happens after November 7.

From → op-ed

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