KrisAnne Hall, who is a constitutional attorney, is currently studying at Oxford. She has taken time to address the errors in the Supreme Court birthright citizenship ruling. The first error refers to Section 5 of the 14th Amendment. It gives Congress the power to enforce the provisions of this article. Congress has never passed legislation granting birthright citizenship to the children of temporary visitors or those unlawfully in the United States. Thus, the Court has exceeded its authority and can’t write the legislation Congress never enacted.
Secondly, we don’t want any kings. The Court used Jus Soli as its guide, but it is a legal doctrine developed by kings and conquerors to expand political power by creating subjects. That is the doctrine of kings and oppressors and therefore patently un-American.
I can’t help but wonder if the Court ruled politically in this case, especially in Chief Roberts’ cases. Is it tied to President Trump or their fear of losing the 9-member court?
Don’t lose hope. President Trump said he was prepared for this and was working with Congress on at least two ways around this ruling. They have the 51 votes they need to pass their legislation.
The Analysis by KrisAnne Hall
SCOTUS and Birthright citizenship ERROR #1.
SCOTUS relies on the 14th Amendment to justify Birthright Citizenship while ignoring the limits the 14th Amendment places upon its own authority.
Section 5 of the 14th Amendment reads:
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Congress has NEVER enacted legislation granting Birthright Citizenship to the children of temporary visitors or those unlawfully present in the United States.
SCOTUS has the authority to review executive orders and determine whether they are constitutional. That is where its authority ends.
SCOTUS does NOT have the authority to write the legislation Congress never enacted.
If Birthright Citizenship extends to the children of temporary visitors or those unlawfully present, the Constitution assigns that decision to Congress not the courts.
By creating through judicial opinion what the Constitution assigns to the legislative branch, the majority has violated the separation of powers and exceeded its constitutional authority.
That is not constitutional interpretation. That is judicial legislation.
SCOTUS and Birthright Citizenship ERROR #2
SCOTUS says the history of Jus Soli establishes that everyone born on American soil regardless of parental legal status automatically becomes a citizen.
However, factually and historically, Jus Soli is a legal doctrine developed by kings and conquerors to expand political power by creating subjects.
I find it disturbingly ironic that the liberal Justices, who claim to see slavery and oppression in every corner of American history, completely overlook the genuinely feudal origins of this doctrine.
This is what happens when history and the Constitution are replaced with political mythology.
Children are born subject to their parents, not to government. It’s a parental authority issue, not a government jurisdiction issue.
Government does not become a child’s master simply because they first draw breath within a particular border.
Even Great Britain, the very nation the majority relies upon to bind us to this feudal doctrine, has abandoned unconditional birthright citizenship.
1. Americans rejected the notion that people are born owing unconditional and perpetual allegiance to kings and governments when we declared Independence.
2. We rejected it again when we established a constitutional republic where citizenship is founded upon law, consent, and allegiance, not the accident of geography.
Now, through an astonishing ignorance of both history and constitutional principle, the majority has resurrected the very feudal philosophy our Founders rejected.
It is a political doctrine that says government owns your political allegiance from the moment of your birth, regardless of the allegiance of your parents.
That is the doctrine of kings and oppressors and therefore patently un-American.
If SCOTUS will, through an unfathomable depth of ignorance for political reasons, voluntarily adopt such despotism, are we also going to overturn Dred Scott in some creative but imaginative way that will become championed by the very people it once oppressed?
Every generation that abandons discernment eventually discovers the same truth: unintended consequences are monsters that never stay under your control. Eventually, they turn on their creators.
Visit KrisAnne Hall’s page for in-depth analysis on the Constitution.
