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Peter Dickerson @Peter_Dickerson
, 6 tweets, 3 min read Read on Twitter
@Acosta 1. ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The Fourteenth Amendment is often cited as the basis for birthright citizenship. Conservative originalists
@Acosta 2. disagree as to whether the amendment requires birthright citizenship: Breitbart News’ Ken Klukowski, among others, argues that it does not; National Review’s Dan McLaughlin argues that it does. The dispute turns on the phrase “subject to the jurisdiction thereof,” which some
@Acosta 3. argue ought not apply to children of illegal aliens. But Trump’s policy is at least arguably constitutional.

In contrast, President Obama knew that his executive orders — not only the Deferred Action for Childhood Arrivals (DACA) program of 2012, which extended prosecutorial
@Acosta 4. discretion to millions of illegal aliens brought to the U.S. as minors, but also the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program of 2014, were on shaky constitutional ground.

Obama said no fewer than 22 times that he lacked the
@Acosta 5. constitutional authority to circumvent Congress’s legislative powers and make these kinds of sweeping changes.

Yet Acosta and other journalists, who were quiet about Obama’s constitutional violations, have suddenly found their voice in opposing Trump’s proposal, which is on
@Acosta 6. stronger constitutional ground.

Sen. Lindsey Graham (R-SC), long a proponent of immigration reform, applauded Trump’s proposal on Tuesday and pledged to introduce legislation to end birthright citizenship — an even more constitutionally sound way of tacking the issue.
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