General Discussion
In reply to the discussion: Trump: The 14th Amendment Won’t Hold Up In Court [View all]Midnight Writer
(25,543 posts)If you are within our borders, you are subject to the laws and enforcement thereof. You are under the jurisdiction of US law. You may indeed commit a crime, but you are then subject to the legal consequences of that crime under US jurisdiction. Whether or not you get away with a violation of our laws is a different matter, as of course many of our citizens do.
There is also the matter of judicial interpretation and implementation, which has held and practiced birthright citizenship for nearly 150 years under the 14th Amendment (and for the entire history of our country before that, with the exception of those subject to slavery).
Just as the phrase "as part of a well-regulated militia" in our 2nd Amendment has ceased to have meaning because of judicial precedent and interpretation, our record of past implementation of the 14th Amendment is recognized law.
And if you throw out birthright citizenship, how retroactive are you willing to make it. If you are the descendant of, say, an Irish immigrant from 1870 that was not a citizen, does that mean that all the descendants of that ancestor are no longer lawful citizens?