FacebookTwitterRedditEmail

This Too Shall Pass: “Birthright Citizenship” Kerfuffle is Mostly a Get Out The Vote Tactic

In a late October interview with news website Axios, US president Donald Trump announced his intention to sign an executive order doing away with “birthright citizenship” — the notion that persons born on US soil are citizens from birth with no need for any naturalization process.

It’s not exactly an “October surprise.” Trump used  birthright citizenship as a rallying complaint  on the campaign trail in 2016. He’s done nothing about it in the nearly two years since.

Now he’s weaponizing it again, along with fear-mongering about a migrant caravan wending its way through Mexico toward the US, in a last-minute effort drive an extra (and possibly decisive in places) fraction of a percent of Republican-leaning voters to the polls for the 2018 midterms.

After which he will almost certainly go back to doing nothing about it for another two years, until he trots it out a third time when seeking re-election in 2020.

Will he issue the threatened executive order? That seems unlikely, as does the passage of regular legislation ending birthright citizenship. The matter is too clearly settled, and has been for far too long, for a change to pass muster with the courts on any basis other than a constitutional amendment.

Birthright citizenship has been US citizenship doctrine since the country’s founding, in keeping with the English common law tradition of jus soli (“right of the soil”). It was codified in the Civil Rights Act of 1866,  then enshrined in the 14th Amendment, then upheld by the Supreme Court in the 1898 case Kim Wong Ark v. US.

Its likely resistance to easy change is a good thing for at least two reasons, even if you oppose “birthright citizenship.”

First, letting  the president  discard parts of the Constitution at will, or Congress at a lower legislative threshold than the required 2/3 of both houses of Congress and 3/4 of the state legislatures, is inherently dangerous. If they can do it with the 14th Amendment, they can do it with the 1st Amendment (freedom of speech, religion, and assembly), the 2nd Amendment (gun rights), the 22nd Amendment (limiting the president to two terms) … where would it end?

Secondly, with respect to citizenship in particular, does anyone really want to give an ever-changing government discretion to tinker with the longstanding definition? Right now the threat is to “children of illegal immigrants.” Release the genie and who’s to say that three years from now it won’t become “people with fewer than three generations of American ancestors?” Or, for that matter “people who aren’t registered to vote as [insert political party here]?”

Like many libertarians, I hold the whole concept of “citizenship” suspect. No less a light than Thomas Jefferson argued against the notion that a compact entered into in 1787 by one set of people could bind subsequent generations who haven’t explicitly consented.

That said, the Constitution is the set of rules on which the American political class stakes its claim of legitimacy to rule us. If they won’t abide by it, why should we recognize their authority at all?

More articles by:

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

bernie-the-sandernistas-cover-344x550
Weekend Edition
March 27, 2020
Friday - Sunday
Rob Urie
Bailouts for the Rich, the Virus for the Rest of Us
Louis Proyect
Life and Death in the Epicenter
Paul Street
“I Will Not Kill My Mother for Your Stock Portfolio”
Jeffrey St. Clair
Roaming Charges: The Scum Also Rises
Pam Martens - Russ Martens
Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts
Jefferson Morley
Could the Death of the National Security State be a Silver Lining of COVID-19?
Ruth Hopkins
A Message For America from Brazil’s First Indigenous Congresswoman
Kathleen Wallace
The End of the Parasite Paradigm
Anthony DiMaggio
Misinformation and the Coronavirus: On the Dangers of Depoliticization and Social Media
Andrew Levine
Neither Biden Nor Trump: Imagine Cuomo
David Rosen
God’s Vengeance: the Christian Right and the Coronavirus
David Schultz
The Covid-19 Bailout: Another Failed Opportunity at Structural Change
Evaggelos Vallianatos
In the Grip of Disease
Edward Leer
Somebody Else’s World: An Interview with Kelly Reichardt
Robert Fisk
What Trump is Doing in the Middle East While You are Distracted by COVID-19
Daniel Warner
COVID-19: Health or Wealth?
Thomas Klikauer – Norman Simms
Corona in Germany: Hording and Authoritarianism
Ramzy Baroud
BJP and Israel: Hindu Nationalism is Ravaging India’s Democracy
Richard Moser
Russia-gate: the Dead But Undead
Ron Jacobs
Politics, Pandemics and Trumpism
Chris Gilbert
Letter From Catalonia: Alarming Measures
Richard Eskow
Seven Rules for the Boeing Bailout
Jonathan Carp
Coronavirus and the Collapse of Our Imaginations
Andrew Bacevich
The Coronavirus and the Real Threats to American Safety and Freedom
Peter Cohen
COVID-19, the Exponential Function and Human the Survival
César Chelala - Alberto Luis Zuppi
The Pope is Wrong on Argentina
James Preston Allen
Alexander Cockburn Meets Charles Bukowski at a Sushi Bar in San Pedro
Jérôme Duval
The Only Oxygen Cylinder Factory in Europe is Shut down and Macron Refuses to Nationalize It
Neve Gordon
Gaza Has Been Under Siege for Years. Covid-19 Could Be Catastrophic
Alvaro Huerta
To Survive the Coronavirus, Americans Should Learn From Mexicans
Prabir Purkayastha
Why the Coronavirus Pandemic Poses Fundamental Challenges to All Societies
Raouf Halaby
Fireside Chatterer Andrew Cuomo for President
Thomas Drake
The Sobering Realities of the American Dystopia
Negin Owliaei
Wash Your Hands…If You Have Water
Felice Pace
A New Threat to California’s Rivers:  Will the Rush to Develop Our Newest Water Source Destroy More Streams?
Ray Brescia
What 9/11 Can Teach Us About Responding to COVID-19
ADRIAN KUZMINSKI
The Covid-19 Opportunity
John Kendall Hawkins
An Age of Intoxication: Pick Your Poison
Kollibri terre Sonnenblume
The Propaganda Virus: Is Anyone Immune?
Nicky Reid
Fear and Loathing in Coronaville Volume 1: Dispatches From a Terrified Heartland
Nolan Higdon – Mickey Huff
Don’t Just Blame Trump for the COVID-19 Crisis: the U.S. Has Been Becoming a Failed State for Some Time
Susan Block
Coronavirus Spring
David Yearsley
Lutz Alone
CounterPunch News Service
Letter from Truthdig’s Editor-in-Chief Robert Scheer to the Publisher Zuade Kaufman
CounterPunch News Service
Statement From Striking Truthdig Workers
FacebookTwitterRedditEmail