Posted on Oct 30, 2018
AP FACT CHECK: Trump off track on birthright citizenship
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Posted in these groups: 
Citizenship
Immigration
Citizenship Immigration
Posted >1 y ago
Responses: 3
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I am wary of any article that uses emotional terms like "any competent lawyer" and "legal scholars" without delving into the support of such claims. So I would disagree.
I think there has to be merit here otherwise the White House team would not have advised Trump otherwise. It really needs a Supreme Court challenge, in my view. Though I would be against an Executive Order. It should be Congress that attempts to interpret this or change it.
BTW, the now departing White House Counsel that advised Trump of this was confirmed by the Senate in the past as head of the FEC and they found that he was a very competent lawyer then.
I think there has to be merit here otherwise the White House team would not have advised Trump otherwise. It really needs a Supreme Court challenge, in my view. Though I would be against an Executive Order. It should be Congress that attempts to interpret this or change it.
BTW, the now departing White House Counsel that advised Trump of this was confirmed by the Senate in the past as head of the FEC and they found that he was a very competent lawyer then.
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Susan Foster
I agree on articles that say things like this. I think McGahn is a competent lawyer, and I think he was wrong. I don't think EO's should be used all the time in lieu of law, and I didn't when Pres Obama did it either. I imagine what they discussed was it might be a good way to have it tested and get to Congress/SC, because I don't believe a lawyer advised him he could change it that easily. But that's just my opinion.
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SPC Erich Guenther
Susan Foster - Generally I agree but Trump had far too detailed knowledge of this issue to come up with it on his own and given his past business experience he habitually would have asked counsel. I guess it could have been a special interest or relative that told him all this but I would be surprised if Trump didn't ask at least one lawyer first before going public with it.
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Funny, Im old enough to remember back when progressives wanted the last president to do everything by executive order.
I don't agree with birthright citizenship. Neither did the creators of the Amendment, but I also don't agree with the President on this. It needs to be changed by a Constitutional amendment, not his pen.
I don't agree with birthright citizenship. Neither did the creators of the Amendment, but I also don't agree with the President on this. It needs to be changed by a Constitutional amendment, not his pen.
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LTC Trent Klug
GySgt John Olson - Senator Jacob Howard clearly spelled out the intent of the 14th Amendment in 1866, which was to define citizenship. He stated:
"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
So who is "comptemporary evidence"?
"Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
So who is "comptemporary evidence"?
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