Speaker Ryan is Correct

Speaker Ryan is correct! It is true that an Executive Order cannot change the SCOTUS decision on Birthright Citizenship, but it puts the subject in play and an expected Court challenge will get SCOTUS review.

Eventually.

Everything in the debate over Birthright Citizenship rests on the interpretation of just five words: “…and subject to the jurisdiction thereof…”

Does that mean that the illegal alien, being in the US is subject to the laws of the US, or does that mean that the illegals are still subject to the citizenship of a foreign country.

Senator Jacob Howard, an author of the 14th Amendment, said (or wrote) of the Amendment:

“This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

So we know of the intent. Or at least we think we know. A Conservative Supreme Court will now surely agree with ending Birthright Citizenship, as counter to the Original Intent!

(I could argue that the placement of the comma is dispositive. If the quote is a transcription of a Senatorial speech, the “aliens,” it could be argued, is part of the next clause regarding families of Ambassadors, but if the quote was written, then the word “aliens” stands on its own.)

If Stare Decisis is used instead of Original Intent, then the previous 1898 interpretation will stand. Trying to guess the machinations of SCOTUS would rival Churchill’s description of Russia. I am unlikely to be able to read that final decision due to my age, but I would sorely wish to.

Anyway, Speaker Ryan is correct. An Executive Order can’t overturn a SCOTUS decision. One of the many pesky Federal Judges will so rule, and that will be appealed and away we go. Meanwhile, Russians continue to fly to Florida, Chinese to LA, and Mexicans cross the Border to get American citizenship for their babies. They will then claim, should the need arrive, sanctuary so as to “keep the family together.”

It never ends, about which more in due course.

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