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Gerardus T. Hauwert @Hauwertsr
, 14 tweets, 4 min read Read on Twitter
Let's think about "Executive Orders" (EO) in the context of "Birthright Citizenship".

An "Executive Order" (Wiki) "has the force of Law.. subject to judicial review".

To pass "Judicial Review", it MUST NOT "lack support by statute or the Constitution".

en.wikipedia.org/wiki/Executive…
In that context, what would the proposed EO do?

Some people think it will "TAKE AWAY" an existing RIGHT of Birthright Citizenship (BRC).

However, this first debate position presupposes that a 'right of Birthright Citizenship' actually exists because 'it has been PRACTICED'.
Other people think the EO will "correctly apply existing law" because there was A PERIOD OF TIME after the 14th Amendment when 'Birthright Citizenship' for non-Americans was NOT practiced with clarity.

This second debate position argues that BRC 'has been incorrectly practiced'
Let's look at the historical context. (Google'd it).

When was the 14th Amendment ratified? Answer: July 28, 1868.

When was BRC first applied to non-Americans? Hmmm.. the answer is not so straight forward.
Let's check Wiki on the explicit topic of BRC.
en.wikipedia.org/wiki/Birthrigh…

There is an "and", a conjunction; it requires consideration of:

Immigration and Nationality Act: 1952, 1965 and 1990.

Let's read the link above. Hmmm.. still "controversial".
Clearly: "The application of birthright citizenship to children of undocumented immigrants (Illegal aliens, illegal foreign nationals) remains controversial.."

So.. we already know that the 14th Amendment - while perhaps clear to some people - is NOT clear to others. And..
.. whatever statutes (laws) were passed, the matter of BRC for undocumented foreign nationals REMAINS UNCLEAR.

The above link cites current law: "8 U.S. Code § 1401 - Nationals and citizens of United States at birth: law.cornell.edu/uscode/text/8/…
"The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof.."

Right back to the 14th Amendment's "subject to the jurisdiction thereof".

The rest of the US Code details variations.
It includes variations of alien-parentage & birth of unknown origin.

My PERSONAL VIEW of "subject to the jurisdiction thereof" is DIFFERENT from that outlined in 8 U.S. Code $1401. You can read about here:

threadreaderapp.com/thread/1057720…
Let's review the debate positions:

1. Presupposes that a 'right of BRC' actually exists because 'it has been practiced'

- As it was practiced, it was not practiced consistently nor with clarity.

2. BRC 'has been incorrectly practiced'

- Demonstrated by updated laws/practices.
Let's review the purpose of an EO (Wiki):

".. an executive order is a directive issued by the President of the United States that manages operations of the federal government and has the force of law."

Well this issue of BRC certainly REQUIRES BETTER MANAGEMENT.
At this point, what are the options?

1. Change the 14th Amendment for clarity - takes a long time (IF NEEDED)

2. Change Immigration Law - MAYBE SOON IF RED wins, NEVER IF BLUE wins?

3. Executive Order - remove BRC NOW; discourages alien invasion by birth.
To that end - and in the interest of and protection for American Citizens - an EO on BRC seems * ESSENTIAL if not required * to bring about necessary improvements subject to clarification from Congress by way of an immigration bill that can be signed by @POTUS into law.

/end.
@threadreaderapp please unroll much thanks!
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