Updating the fourteenth amendment
The first of these came in the form of the 14th Amendment, a more detailed set of restrictions on the states than either of the other Civil War amendments.
Its main points are summarized below: Section 1: No state may abridge the privileges and immunities of any of its citizens, or deny them due process of law or equal protection of the laws.
With the triumph of the Radical Republicans in Congress, the Constitution was amended to grant full citizenship to former slaves and promise them equal treatment under the law, a promise that took more than a century to fulfill.
Of the Civil War Amendments, the Fourteenth Amendment had the most far-reaching effect on the meaning of the Constitution.
Those actions include sending 5,000 troops to the US-Mexico border in anticipation of a “caravan” of a few thousand people; publishing draft regulations that would allow for indefinite family detention and substantially raise economic requirements for immigrants applying for green cards; and reportedly considering a plan — possibly to be announced in the coming days or week — to use the travel-ban provision of US law to stop many or all asylum-seekers from even entering the United States.
That’s because ending birthright citizenship has always been the restrictionist immigration proposal that’s hardest to disentangle from simple xenophobia: the fear of immigrants changing the character of America and overrunning its (white) population.
That’s exactly the undercurrent that the left associates with restrictionism itself — and makes liberals especially attuned to any attack on birthright citizenship, even as the issue makes conservatives wary.
(Basically, if a state excludes African Americans, then it will be given proportionally fewer seats in the U. House of Representatives and fewer votes in the presidential electoral college.) Section 3: No person who has engaged in or supported insurrection or rebellion against the United States may hold public office.The executive order doesn’t appear to have actually been drafted yet.But Trump’s comments on it have immediately received more attention than the things the administration is actually doing (or planning to do) on immigration as the midterm elections approach.And he said birthright citizenship is something that “they say” he can change simply with an executive order, which isn’t exactly true.The executive order would simply tee up a court fight; ultimately, the Supreme Court would have to decide whether to stick to its century-old interpretation of the 14th Amendment — which holds that children of noncitizens are in fact “born in the United States and subject to its laws,” and therefore citizens by right — or to specifically exempt children born to unauthorized immigrants.