Donald Trump, who is married to an immigrant, and fathered children with another, seems to think he can end birthright citizenship by waving a magic wand.
U.S. Sen Tim Kaine, D-Va., is leading the charge to call BS.
“I believe the constitutional basis for birthright citizenship is clear, and those challenging the notion are mounting an argument with no legal basis,” Kaine said this week in a speech on the U.S. Senate floor.
Kaine is a former civil rights lawyer and constitutional law professor.
Donald Trump is a former failed businessman and game-show host.
You can guess who actually knows what he’s talking about.
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The problem that Trump will face in trying to get rid of birthright citizenship is the 14th Amendment to the U.S. Constitution, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The only way to reverse a constitutional amendment is with another constitutional amendment, which requires approval by two-thirds of each house of Congress and ratification by three-fourths of the states.
Easy, peasy, right?
In other words, no, can’t just do it with an executive order.
“If you’re born in this country, you’re a U.S. citizen. It doesn’t matter who your parents are. You have the same opportunities and responsibilities as anyone born in this country,” said Kaine, who went on to cite the positive impact of immigrant households on the U.S. economy – more than $236 billion in income in 2022, nearly $66 billion in local, state and federal taxes.
“The Congressional Budget Office estimates that immigration flows to the United States that are projected would likely increase American gross domestic product by nearly $9 trillion between now and 2034.” Kaine said.
Which is all well and good, but that case doesn’t need to be made.
Trump was somehow elected president again; he wasn’t elected dictator.
If he wants to do something about birthright citizenship, there’s a process for that: two-thirds of the House and Senate start the process, then 38 states finish it.
Absent that, he can kick rocks.