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".
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'.
This second debate position argues that BRC 'has been incorrectly practiced'
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.
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".
So.. we already know that the 14th Amendment - while perhaps clear to some people - is NOT clear to others. And..
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/…
(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.
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:
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.
".. 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.
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.