Congress can end birthright citizenship simply by passing a law
Now that Donald Trump is talking about ending birthright citizenship, other candidates who have never mentioned it before like Scott Walker are as well. But contrary to what the media would have you believe, the Constitution doesn't have to be amended to end birthright citizenship. All it would take would be an act of Congress.
If an illegal alien has a child on American soil, the Constitution does not require the child be granted American citizenship. Congress can give citizenship to anyone it wants, but the Fourteenth Amendment only commands citizenship to persons born on U.S. soil to parents who are not citizens of a foreign country.
Section One of the Fourteenth Amendment begins, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This makes it appear that illegal alien children are citizens, if they are "born" in the United States, right? Not so. The key phrase here is "subject to the jurisdiction thereof." Babies born in the U.S. are citizens if they are subject to the jurisdiction of the U.S. Illegal aliens, by virtue of not being citizens, or even being in the country legally, are not subject to the jurisdiction of the United States. They're foreigners. Therefore, illegal children born here are not subject to citizenship under the 14th Amendment.
While many erroneously claim that the Fourteenth Amendment guarantees citizenship to anyone born on American soil, the reality is that is not the law and has never been the law. Current immigration law–found at 8 U.S.C. § 1401(a)–specifies that a baby born on American soil to (1) a foreign ambassador, (2) head of state, or (3) foreign military prisoner is not an American citizen.
If the 14th Amendment said all people born here were citizens, how could 8 USC 1401 carve out these exceptions? The fact is, if Congress can make these exceptions, the 14th Amendment is not absolute, and the Congress can also make another exception for people in the country illegally.
But don't expect John Boehner or Mitch McConnell to line up any votes on this soon. They wouldn't want to alienate the Hispanic community the way Donald Trump has (he's actually leading among Hispanics in Nevada).
When you think about it, why should children of lawbreaking trespassers be entitled to citizenship? Why should we reward the parents for their illegality? Just think: if a man robs a bank but gives the money to his kids, why are we heartless for taking the money back?
This article was produced by NewsMachete.com, the conservative news site.