For the birthright citizenship case, is there a middle ground argument where birthright citizenship is not protected Constitutionally, but needs Congress to change it?
Law enforcement shouldn't be political.
Even if the court decides birthright citizenship isn’t protected constitutionally, there’s still the question of whether its end can be done solely by the President.
Now, both 14A and US immigration law includes the “subject to the jurisdiction thereof” clause with people born here, so I’m assuming the Supreme Court will just apply its interpretation to both. But even then, I have a hard time seeing how even if they overturn the Constitutional requirement for it, that the President can outright determine who’s a citizen or not.
Law enforcement shouldn't be political.
Even if the court decides birthright citizenship isn’t protected constitutionally, there’s still the question of whether its end can be done solely by the President.
Now, both 14A and US immigration law includes the “subject to the jurisdiction thereof” clause with people born here, so I’m assuming the Supreme Court will just apply its interpretation to both. But even then, I have a hard time seeing how even if they overturn the Constitutional requirement for it, that the President can outright determine who’s a citizen or not.
For the birthright citizenship case, is there a middle ground argument where birthright citizenship is not protected Constitutionally, but needs Congress to change it?
Law enforcement shouldn't be political.
Even if the court decides birthright citizenship isn’t protected constitutionally, there’s still the question of whether its end can be done solely by the President.
Now, both 14A and US immigration law includes the “subject to the jurisdiction thereof” clause with people born here, so I’m assuming the Supreme Court will just apply its interpretation to both. But even then, I have a hard time seeing how even if they overturn the Constitutional requirement for it, that the President can outright determine who’s a citizen or not.
