If the Supreme Court lets this go through, then we know the constitution is officially toilet paper, which we will need to hoard more of because of tariffs and Canadian embargo on items.
A question for the author - have you read Randy Barnett's piece on this issue in the NYT, and if so, what do you think of his argument? I think that he has a point that we've never actually had a SC test of the issue of whether the children of parents who broke the law to enter the US are counted as "under the jurisdiction" or "coming in amity" - as he explains, in the Wong Kim Ark case, Ark's parents were legal aliens who didn't break any laws entering the country.
"the order’s ripple effects might be felt by even U.S.-born children of American parents, the parents themselves, and even their ancestors"
I have no doubt that if they could, the Trump administration would arrest/imprison/deport Americans with opposing political views.
If the Supreme Court lets this go through, then we know the constitution is officially toilet paper, which we will need to hoard more of because of tariffs and Canadian embargo on items.
A question for the author - have you read Randy Barnett's piece on this issue in the NYT, and if so, what do you think of his argument? I think that he has a point that we've never actually had a SC test of the issue of whether the children of parents who broke the law to enter the US are counted as "under the jurisdiction" or "coming in amity" - as he explains, in the Wong Kim Ark case, Ark's parents were legal aliens who didn't break any laws entering the country.
https://www.nytimes.com/2025/02/15/opinion/trump-birthright-citizenship.html
This piece came out after we published but its arguments are dubious at best. Check out this response by a fellow originalist (in general it's been dismaying to watch Randy cross over to the dark side): https://originalismblog.typepad.com/the-originalism-blog/2025/02/birthright-citizenship-and-the-bates-opinionmichael-ramsey.html
Thank you for the link!