Everyone who has been paying any attention at all these last few years knows how the response to President Trump’s executive order ending birthright citizenship for illegal aliens, and others who are not permanent legal residents.
The undeniable fact is that birthright citizenship is widely abused. Not just by illegal aliens, but even by birthright tourism in which Chinese and other foreigners specifically come here to give birth in order to exploit the legal loophole created by the misinterpretation of the 14th Amendment.
But of course lefty judges will immediately go to war against it. The case will eventually move upward to the Supreme Court.
And it won’t be Justice Kennedy ruling on it. It will be Justice Kavanaugh.
Put into perspective, this was part of what the long game for the nomination was about.
Will the Constitution win? Probably not.
We have one of the most conservative courts in ages, but that just means it’s finally normatively conservative on traditionally conservative issues. I doubt very much that it’s ready to sign off on Trump’s civic nationalism where there’s any legal ambiguity.
Trump’s travel ban was legally bulletproof. It took grotesque abuses of the law for lefty judges to rule against it.
This is much bigger. And would involve a verdict on the meaning of an amendment. “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.”
But that doesn’t mean that the issue isn’t worth the fight.
Conservatives have abandoned too many issues in the past and accepted the status quo of the Left.
This is another warning that the status quo will no longer go unchallenged.