The Law Q&A | What can executive orders do?

Frederick Owens
November 6, 2018

"It's ridiculous. It's ridiculous".

That section is part of the 14th Amendment. Whether the Supreme Court will reach that conclusion is yet to be seen, but if the justices do so hold, the plaintiffs will be unable to pursue a Fifth Amendment claim even if they eventually reach USA soil.

The short answer is yes. "I believe that you can have a simple vote in Congress or it's even possible - in my opinion, this is after meeting with some very talented legal scholars - that you can do it through an executive order", said the US President.

Shortly after the Civil War in the United States, the U.S. Constitution was amended to give FREEDOM to all the former slaves and their children.

DONALD Trump's crackdown on birthright citizenship has sparked speculation on social media that his youngest son would be affected by the policy change. If place of birth no longer guaranteed citizenship, then all Americans-not just those whose parents were undocumented-would be forced to prove their parents' nationality to the government in order to be recognized as a USA citizen.

Graham to introduce legislation backing Trump plan to end "absurd policy" of birthright citizenship Hot on the heels of President Trump's announcement that he will end birthright citizenship for the children of noncitizens born in the US, Republican Sen.

This case expanded Afroyim v. Rusk, and involved a person of dual U.S. He left to visit China, and the USA government barred him from coming back, claiming he was not a citizen. This would suggest the inverse is also true: that the child of a person illegally residing in the U.S. would not be a birthright citizen.

It was unclear whether he knew what he was doing in this case.

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It's ridiculous indeed, and a legal loophole being exploited for long, that some women visit America for the sole goal to give birth, and then return home, with their new-born having a U.S. citizenship certificate, to be used later on in life. The Court ordered that he be admitted on the basis that his parents, though born in China, were permanent residents with domicile in the United States. The case of Plyler v. Doe 457 USA 202 (1982) did.

At issue was a Texas statute that withheld funding for the education of the children of illegal immigrants, with Texas arguing that the illegals weren't technically "within the jurisdiction" of the United States. The Court held that Wong Kim Ark, who was born in San Francisco, was in fact entitled to birthright citizenship, stating that the term "subject to the jurisdiction of the United States" excluded two classes of people other than Native Americans: children born of alien enemies in hostile occupation, and children of diplomats of a foreign state.

The policy, which stems from a disputed but long-recognized interpretation of the 14th Amendment, has given rise to what Trump considers abuse of the immigration system. After it became more specific, the U.S. Supreme Court, in its usual 5-4 partisan split, upheld the Moslem ban.

That marked the end of segregation.

The abolition of slavery and the granting of citizenship SHOULD HAVE TAKEN PLACE AT THE SAME TIME and by means of the same Amendment to the Constitution.

Given this judicial philosophy, they're unlikely to unwind the clock 120 years. This is the same for executive orders: in order for an executive order to influence laws, they have to either directly roll back or change a previous president's executive order, or it simply serves as instructions for governmental agencies and departments for how they should operate around already established areas or laws. As originally understood when Congress proposed the amendment in 1866, that referred not merely to the obligation of following US laws but also, and more important, to full political allegiance. Harry Truman issued an executive order racially integrating the armed forces, which presaged the Supreme Court's ruling six years later which struck down racial segregation in civilian institutions. Not only will he not let it go, but he has started gnawing at how we determine citizenship in this country.

Yet the gaps between Asian and white Americans, and Hispanic and African-Americans - in income and wealth, crime rates and incarceration rates, test scores and academic achievements - are dramatic and are seemingly enduring.

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