{"id":135345,"date":"2024-12-10T06:09:50","date_gmt":"2024-12-09T23:09:50","guid":{"rendered":"https:\/\/hotvideos24.online\/?p=135345"},"modified":"2024-12-10T06:09:50","modified_gmt":"2024-12-09T23:09:50","slug":"kristen-welkers-question-about-citizenship-misses-the-point","status":"publish","type":"post","link":"https:\/\/hotvideos24.online\/?p=135345","title":{"rendered":"Kristen Welker\u2019s Question About Citizenship Misses The Point"},"content":{"rendered":"<p> <script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3711241968723425\"\r\n     crossorigin=\"anonymous\"><\/script>\r\n<ins class=\"adsbygoogle\"\r\n     style=\"display:block\"\r\n     data-ad-format=\"fluid\"\r\n     data-ad-layout-key=\"-fb+5w+4e-db+86\"\r\n     data-ad-client=\"ca-pub-3711241968723425\"\r\n     data-ad-slot=\"7910942971\"><\/ins>\r\n<script>\r\n     (adsbygoogle = window.adsbygoogle || []).push({});\r\n<\/script><br \/>\n<\/p>\n<div>\n<p>NBC\u2019s Kristen Welker asked President-elect Donald Trump on Sunday if he still planned to end birthright citizenship. Trump affirmed his plans. But the way Welker deliberately misrepresented the amendment reveals not only a glaring need for clarification from Congress or the Supreme Court about whether children born to illegal aliens are citizens but the dangers of a press who are willing to craft law by word of mouth.<\/p>\n<p>\u201cYou promised to end birthright citizenship on day one,\u201d Welker <a href=\"https:\/\/www.nbcnews.com\/politics\/donald-trump\/trump-interview-meet-press-kristen-welker-election-president-rcna182857\" target=\"_blank\" rel=\"noreferrer noopener\">said<\/a>. \u201cIs that still your plan?\u201d<\/p>\n<p>\u201cYeah, absolutely,\u201d Trump responded. <\/p>\n<p>Welker responded: \u201cThe 14th Amendment, though, says that, quote: \u2018All persons born in the United States are citizens.&#8217;\u201d Welker then asked if Trump will use \u201cexecutive action\u201d to circumvent the Constitution. <\/p>\n<p>But that\u2019s not exactly what the 14th Amendment says \u2014 though it may be what Welker and her other fellow Democrat <a href=\"https:\/\/www.nbcnews.com\/politics\/donald-trump\/trump-aims-end-birthright-citizenship-says-american-citizens-family-il-rcna183274\" target=\"_blank\" rel=\"noreferrer noopener\">propagandists<\/a> <em>wish<\/em> it said. The media\u2019s insistence on interpreting the 14th Amendment as a blanket guarantee of birthright citizenship fuels widespread confusion \u2014 but it\u2019s deliberate. Take for example, that <a href=\"https:\/\/www.politico.com\/news\/2024\/12\/08\/trump-end-birthright-citizenship-00193184\" target=\"_blank\" rel=\"noreferrer noopener\">Politico\u2019s<\/a> Mia McCarthy <a href=\"https:\/\/www.politico.com\/news\/2024\/12\/08\/trump-end-birthright-citizenship-00193184\" target=\"_blank\" rel=\"noreferrer noopener\">reported<\/a> Trump would have to \u201cgo around the 14th Amendment\u201d to end birthright citizenship. CNN\u2019s <a href=\"https:\/\/www.cnn.com\/2024\/12\/08\/politics\/fact-check-trump-meet-the-press\/index.html\" target=\"_blank\" rel=\"noreferrer noopener\">Daniel Dale<\/a> wrote that the 14th Amendment says \u201csomeone born in the U.S. is granted automatic citizenship even if their parents are not citizens.\u201d<\/p>\n<p>Nowhere in the Constitution does it say that.<\/p>\n<p>What the 14th Amendment actually says is:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>\u201cAll 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.\u201d<\/p>\n<\/blockquote>\n<p>As Elad Hakim <a href=\"https:\/\/thefederalist.com\/2018\/11\/02\/heres-key-clause-birthright-citizenship-debate-briefly-explained\/\">wrote<\/a> in these pages, \u201cWhile opponents to Trump\u2019s proposed action [to end birthright citizenship] opine that the constitutional language is cut and dry, this might not necessarily be the case.\u201d<\/p>\n<p>Welker and others left out the qualifying clause of the amendment, that is, the \u201csubject to the jurisdiction thereof.\u201d Sen Mike Lee, R-Utah, pointed out \u201cThose words matter.\u201d<\/p>\n<p>\u201cCongress has the power to define what it means to be born in the United States \u2018and subject to the jurisdiction thereof,&#8217;\u201d he said in a post on X. \u201cWhile current law contains no such restriction, Congress could pass a law defining what it means to be born in the United States \u2018and subject to the jurisdiction thereof,\u2019 excluding prospectively from birthright citizenship individuals born in the U.S. to illegal aliens.\u201d<\/p>\n<figure class=\"wp-block-embed is-type-rich is-provider-twitter wp-block-embed-twitter\">\n<div class=\"wp-block-embed__wrapper\">\n<span class=\"3cInBrK61PolxgszVZekbNmH5iJX2qa0MwuyhfER9WU7CLvOGFQAdSY48T\"><\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"500\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">\ud83e\uddf51. <a href=\"https:\/\/twitter.com\/MeetThePress?ref_src=twsrc%5Etfw\">@MeetThePress<\/a> omits six words about birthright citizenship from the 14th Amendment<\/p>\n<p>The omitted text is set off by asterisks:  <\/p>\n<p>\u201cAll persons born \u2026 in the United States, *and subject to the jurisdiction thereof,* shall be citizens of the United States\u201d<\/p>\n<p>Those words matter <a href=\"https:\/\/t.co\/qVYld0O4og\">https:\/\/t.co\/qVYld0O4og<\/a><\/p>\n<p>\u2014 Mike Lee (@BasedMikeLee) <a href=\"https:\/\/twitter.com\/BasedMikeLee\/status\/1865817012334710961?ref_src=twsrc%5Etfw\">December 8, 2024<\/a><\/p><\/blockquote>\n<p><\/span>\n<\/div>\n<\/figure>\n<h2 class=\"wp-block-heading\">Senators Debated This Exact Question<\/h2>\n<p>The 14th Amendment was adopted in 1868 to guarantee that formerly enslaved persons and their descendants would not be denied citizenship. It superseded the earlier Dred Scott decision, which <a href=\"https:\/\/www.archives.gov\/milestone-documents\/dred-scott-v-sandford\" target=\"_blank\" rel=\"noreferrer noopener\">denied<\/a> citizenship to enslaved people. But while it was being considered, lawmakers debated exactly who would be affected by the amendment.<\/p>\n<p>Sen. Jacob Howard, R-Mich., <a href=\"https:\/\/www.wkyc.com\/article\/news\/nation-world\/verify-did-the-author-of-the-citizenship-clause-intend-to-leave-certain-people-out\/95-610042411\" target=\"_blank\" rel=\"noreferrer noopener\">stated<\/a> the amendment was not written to give citizenship to \u201cpersons born in the United States who are foreigners [or] aliens.\u201d<\/p>\n<p>\u201cThis amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdictions, is by virtue of natural law and national law a citizen of the United States,\u201d Howard said. \u201cThis will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.\u201d<\/p>\n<p>Howard also <a href=\"https:\/\/americanreformer.org\/2024\/08\/the-end-of-birthright-citizenship\/\" target=\"_blank\" rel=\"noreferrer noopener\">said<\/a> the amendment \u201csettles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.\u201d<\/p>\n<p>But as <a href=\"https:\/\/claremontreviewofbooks.com\/digital\/birthright-citizenship-a-response-to-my-critics\/\" target=\"_blank\" rel=\"noreferrer noopener\">Michael Anton<\/a>, a former and incoming Trump Administration official, and Jack Roth, Senior Fellow in American Politics at the Claremont Institute said, \u201c<em>The<\/em> bedeviling citizenship question of the age was how to treat freedmen.\u201d<\/p>\n<p>Meanwhile Sen. <a href=\"https:\/\/scholarship.law.slu.edu\/cgi\/viewcontent.cgi?article=1095&amp;context=plr\" target=\"_blank\" rel=\"noreferrer noopener\">Edgar Cowan<\/a>, R-Penn., who opposed the 14th Amendment, said: \u201cIt is perfectly clear that the mere fact that a man is born in the country has not heretofore entitled him to the right to exercise political power.\u201d<\/p>\n<p>Cowan <a href=\"https:\/\/thefederalist.com\/2015\/08\/25\/defining-american-birthright-citizenship-and-the-original-understanding-of-the-14th-amendment\/\" target=\"_blank\" rel=\"noreferrer noopener\">believed<\/a> the Constitution should not grant birthright citizenship to children of aliens who \u201cowe [the U.S.] no allegiance [and] who pretend to owe none\u201d and to those who \u201ctrespass\u201d into the United States.<\/p>\n<p>Cowan further stated that while a foreigner is \u201cto a certain extent\u201d entitled \u201cto the protection of the laws \u2026 he is not a citizen in the ordinary acceptation of the word.\u201d <\/p>\n<p>Similarly  John C. Eastman, who clerked for Supreme Court Justice Clarence Thomas, <a href=\"https:\/\/www.nationalreview.com\/2015\/08\/birthright-citizenship-reform-it-without-repealing-14th-amendment\/\" target=\"_blank\" rel=\"noreferrer noopener\">argued in an op-ed<\/a> that \u201cWhen a British tourist visits the United States, he subjects himself to our laws as long as he remains within our borders. He must drive on the right side of the road, for example. He is subject to our partial, territorial jurisdiction, but he does not thereby subject himself to our complete, political jurisdiction.\u201d<\/p>\n<p>\u201cThe same is true for those who are in this country illegally. They are subject to our laws by their presence within our borders, but they are not subject to the more complete jurisdiction envisioned by the 14th Amendment as a precondition for automatic citizenship.\u201d<\/p>\n<h2 class=\"wp-block-heading\">The Supreme Court Has Yet To Explicitly Clarify<\/h2>\n<p>In 1884, the Supreme Court ruled in <em>Elk v. Wilkins<\/em> that John Elk, a Native American, was not a U.S. citizen and therefore could not vote despite living within the United State\u2019s geographic boundaries because Elk owed allegiance to his tribe, not the United States.<\/p>\n<p>The court would later rule in <em>United States v. Wong Kim Ark<\/em> that Wong Kim Ark, who was born to Chinese parents who were <em>legally<\/em> residing in the United States, was automatically a citizen.<\/p>\n<p>But the Supreme Court has never explicitly ruled on the citizenship of children born to parents residing in the United States <em>illegally.<\/em><\/p>\n<p>Still, there are some who contend the question is already settled, such as Judge James Chiun-Yue Ho, who sits on the Court of Appeals for the Fifth Circuit. <\/p>\n<p>Ho argues, in part, that the 1982 Supreme Court case of <em>Plyler v. Doe<\/em> \u201cput to rest\u201d the question. The case involved whether children who were not \u201clegally admitted\u201d into the United States had a right to public education. The court ruled in part that even persons in the United States illegally were \u201cwithin the jurisdiction\u201d of the states wherein they reside.<\/p>\n<p>While the case did not explicitly address the issue, <a href=\"https:\/\/thefederalist.com\/2015\/08\/25\/defining-american-birthright-citizenship-and-the-original-understanding-of-the-14th-amendment\/\" target=\"_blank\" rel=\"noreferrer noopener\">Ho argues<\/a> this decision \u201cput to rest\u201d questions about the children born to illegal immigrants because \u201call nine justices agreed that the Equal Protection Clause protects legal and illegal aliens alike. And all nine reached that conclusion precisely because illegal aliens are \u2018subject to the jurisdiction\u2019 of the U.S., no less than legal aliens and U.S. citizens.\u201d<\/p>\n<p>Ho further cites a decision by Justice Byron White in <em>INS v. Rios-Pineda<\/em> that stated, in part, \u201crespondent wife [an illegal alien] had given birth to a child, who, born in the United States, was a citizen of this country.\u201d Notably, this case was not brought to settle or address such a question nor did the justices deliberate the constitutionality of such statement.<\/p>\n<p>Ho, in an article explaining why the 14th Amendment likely confers birthright citizenship to children born to illegal immigrants, argues a myriad of points which can be read <a href=\"https:\/\/thefederalist.com\/2015\/08\/25\/defining-american-birthright-citizenship-and-the-original-understanding-of-the-14th-amendment\/\" target=\"_blank\" rel=\"noreferrer noopener\">here<\/a>.<\/p>\n<p>As the debate over birthright citizenship intensifies, it\u2019s clear the issue is far from settled. At a time when millions of illegal immigrants are invading the country and having so-called \u201canchor babies,\u201d it\u2019s imperative that the Supreme Court weighs in (if provided the chance) to clarify whether the 14th Amendment was ever intended to grant citizenship to the children of illegal immigrants.<\/p>\n<p>In the meantime, the media\u2019s misrepresentation of the amendment only adds to the confusion. Reporting like Dale\u2019s, Welker\u2019s, and others implies that it\u2019s a settled question and that Trump is trying to upend the Constitution willy-nilly, which couldn\u2019t be further from the truth.<\/p>\n<p>But hey, isn\u2019t that what a propaganda press is for? <\/p>\n<hr class=\"wp-block-separator\"\/>\n<p>\n  Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2<\/p>\n<\/p><\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/>\n<br \/><script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3711241968723425\"\r\n     crossorigin=\"anonymous\"><\/script>\r\n<ins class=\"adsbygoogle\"\r\n     style=\"display:block\"\r\n     data-ad-format=\"fluid\"\r\n     data-ad-layout-key=\"-fb+5w+4e-db+86\"\r\n     data-ad-client=\"ca-pub-3711241968723425\"\r\n     data-ad-slot=\"7910942971\"><\/ins>\r\n<script>\r\n     (adsbygoogle = window.adsbygoogle || []).push({});\r\n<\/script><br \/>\n<br \/><div data-type=\"_mgwidget\" data-widget-id=\"1660802\">\r\n<\/div>\r\n<script>(function(w,q){w[q]=w[q]||[];w[q].push([\"_mgc.load\"])})(window,\"_mgq\");\r\n<\/script>\r\n<br \/>\n<br \/><a href=\"https:\/\/thefederalist.com\/2024\/12\/09\/kristen-welkers-question-to-trump-about-birthright-citizenship-completely-misses-the-point\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>NBC\u2019s Kristen Welker asked President-elect Donald Trump on Sunday if he still planned to end birthright citizenship. Trump affirmed his plans. But the way Welker deliberately misrepresented the amendment reveals &hellip; <a href=\"https:\/\/hotvideos24.online\/?p=135345\" class=\"more-link\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8629],"tags":[],"class_list":["post-135345","post","type-post","status-publish","format-standard","hentry","category-u-s","entry"],"_links":{"self":[{"href":"https:\/\/hotvideos24.online\/index.php?rest_route=\/wp\/v2\/posts\/135345","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hotvideos24.online\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hotvideos24.online\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hotvideos24.online\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hotvideos24.online\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=135345"}],"version-history":[{"count":0,"href":"https:\/\/hotvideos24.online\/index.php?rest_route=\/wp\/v2\/posts\/135345\/revisions"}],"wp:attachment":[{"href":"https:\/\/hotvideos24.online\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=135345"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hotvideos24.online\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=135345"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hotvideos24.online\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=135345"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}