by: Brent Smith at the Common Constitutionalist
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The subject of birthright citizenship is once again in the news. President Trump says he intends to sign an Executive order ending the practice. Leftists and faux-constitutional scholars are up in arms. What a shock.
CNN writes that, “Such a step would be regarded as an affront to the US Constitution, which was amended 150 years ago to include the words: ‘All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.’”
In 2015, then candidate Trump exclaimed his desire to deport all illegal aliens. In rebuttal, Robert Tracinski at The Federalist argued that deporting birthright citizens would be a direct assault on the Constitution and “the thousand year history of English common law.”
Tracinski explained that at the time of the founding, America embraced birthright citizenship – that “for the Founders, rejecting jus soli or birthright citizenship would have meant either greatly restricting the growth and expansion of the new nation or, more likely, creating a system in which there was a large and growing subpopulation of people who were disenfranchised in the land of their own birth. An idea totally incompatible with a government based on the consent of the governed.”