[ad_1]
President Donald Trump said Tuesday that he wanted to end a constitutional right automatically granting citizenship to any baby born in the United States.
In an interview with "Axios on HBO," Trump said his goal was to end the guaranteed citizenship. for babies of non-citizens and unauthorized immigrants.
US citizenship through birth pbades through the 14th Amendment, ratified after the Civil War, to obtain US citizenship for newly released black slaves. It was then used to guarantee citizenship to all babies born in the US after a court challenge.
Here is an overview of the citizenship clause and how citizens have worked to be incorporated throughout the history of the United States: The 14th Amendment.
In The aftermath of the Civil War, Radical Republicans in Congress sought to enact a series of constitutional protections for newly emancipated black slaves.
The 13th amendment, ratified in December 1865, prohibited slavery. The 14th amendment, ratified in July 1868, ensured citizenship for all, including blacks. And the 15th Amendment, ratified in February 1870, granted the right to vote to black men, stating that these rights should not be denied for reasons of "race, color or prior condition of servitude".
"All persons born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and the state in which they reside," states the 14th Amendment.
"No state may enforce or enforce any law that restricts the privileges or immunities of citizens of the United States."
During a debate on the 14th amendment, US Senator Edgar Cowan of Pennsylvania said that birthright citizenship could result in "a wave of immigration of the Mongolian race". He was referring to immigrants from Mongolia and China.
By extending citizenship to those born in the United States, this amendment overruled the Supreme Court's decision in 1857 in the case of Dred Scott vs. Sandford that the descendants of slaves could not to be citizens. 19659002] Dred Scott and his wife Harriet were slaves who had pursued their freedom after being taken from the Missouri slave state to the non-slave lands of Wisconsin and Illinois, where slavery had been banned by the Missouri Compromise.
Despite the Citizenship Clause and Equality of Protection afforded by the 14th Amendment, Amerindians were systematically denied the benefits of American citizenship, and it took them decades to gain full citizenship, according to the National Constitution Center.
Amerindians who remained tribal structures were not taken into account to determine the number of state representatives in Congress. And if the Native Americans left the tribal structures, they were not eligible for naturalization under the general naturalization laws, because only whites could become naturalized citizens, said Earl M. Maltz, professor at the faculty Rutgers University Law During a Conversation on Citizenship [19659002] Congress eventually granted citizenship to all Native Americans born in the United States in 1924.
L & # 39; idea that children born in the United States were automatically US citizens remained uncertain until 1898. It was then that the US Supreme Court states that San Francisco -ong Wong Kim Ark was a US citizen because he was born in the United States.
The federal government had tried to prevent the Chinese immigrant son from returning to the United States after a trip abroad on the pretext that he was not a citizen . under China's Exclusion Act.
Yet, in the 1930s, Americans of Mexican descent of American origin were denied citizenship protection when the California and Texas authorities deported them The Great Depression [19659002] Americans of Japanese descent born in the United States are denied the protection of their citizenship when they are forced to enter internment camps in Japan during World War II.
Geoffrey Hoffman, Director of the Immigration Clinic of the Law Center of the University of Houston, According to some advocates of immigration restrictions, the words "under jurisdiction" appearing in the 14th amendment allow the United States to deny citizenship to illegally born babies in the country.
However, Hoffman stated that these arguments were false because no one in the United States, other than diplomats, would be subject to US law, regardless of his or her immigrant status.
Any order from Trump or his president could be the subject of a court challenge, and many articles of the Constitution provide for a fight.
In addition to the 14th amendment itself, Hoffman said that a decree banning the citizenship clause would violate Article 2 of the Constitution, which states that the president "will ensure that laws are faithfully executed ".
Hoffman stated that such a decree would violate denaturalization laws and would attempt to deny citizenship retroactively another violation of the Constitution.
(This article has not been modified by Business Standard staff and is generated automatically from within a syndicated thread.)
[ad_2]
Source link
