MIKE DAVIS: Dissecting the Supreme Court’s ‘birthright’ betrayal
Roberts and Barrett joined three liberal justices to block Trump’s executive order under the 14th
Amendment
The Supreme Court just delivered its most disastrous ruling in generations in Trump v. Barbara. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices to block President Donald Trump’s executive order and hand over birthright citizenship to the children of tens of millions of illegal aliens and birth tourists from China and other enemy nations.
The majority ruled that the 14th Amendment, which was passed after the Civil War to give former slaves equal rights, mandates citizenship to nearly anyone born on U.S. soil, even if they entered illegally, even if they’re a foreigner who hates America, even if they’re only here on a temporary visa and even if they are gaming our system as a Chinese birth tourist.
Under this logic, American citizenship means nothing but birthplace. Forget heritage, patriotism or common values. All that matters is location.
This decision destroys what it means to be an American. It ranks among the court’s very worst, alongside Dred Scott v. Sandford (1857) and Roe v. Wade (1973).
Justice Samuel Alito warned in dissent, “This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a serious mistake.”
Justice Alito is a gentleman. This was more than a serious mistake. John Roberts’ disastrous decision, joined by the court’s four women, could be fatal for our country.
The damage cannot be overstated. At the core of sovereignty is the power to decide who enters the country and who becomes one of its citizens. Otherwise, we live at the mercy of billions of foreigners. Citizenship defines who shares in America’s blessings and burdens, who upholds its values, who honors its history and who joins its social contract. It will ultimately determine whether the United States is a nation or just a place.
The American people built the New York skyline, tamed a vast frontier, defeated fascism and communism, landed on the Moon and created the freest and most prosperous and powerful country in human history. Deciding who we invite to join us is the most consequential choice our nation can make. Once citizenship is granted, it is rarely undone. Citizenship confers full and equal rights, including the right to vote and claim every economic and social benefit.
Yet this ruling puts the newborn child of an MS-13 gangster who crossed the border illegally days earlier on equal footing with the descendants of generations of Americans who fought world wars, built this country from nothing and died for its future.
The national security implications are terrifying.
As Justice Alito noted, a child born here to an enemy visitor from China or another hostile power, then raised abroad to hate the United States, would have lifelong citizenship and the right to vote in every election. That child could even run for president of the United States.
The votes of professors Roberts and Barrett, who call themselves originalists, are especially despicable. Anyone with a reasonable historical understanding of the 14th Amendment could never conclude it was intended to endow citizenship to children of illegal aliens or foreigners with no allegiance to this country. Ratified in 1868 to secure citizenship for freed slaves after the Civil War, the amendment’s pivotal qualifier — “subject to the jurisdiction thereof” — deliberately excludes children of diplomats and children of invading soldiers.
The Supreme Court recognized this principle in Elk v. Wilkins (1884), ruling that Native Americans born on reservations were not entitled to birthright citizenship under the amendment because they were subject to the jurisdiction of — and owed their allegiance to — their tribes instead of the United States. Congress later extended birthright citizenship to them by statute in 1924.
If Native Americans born here and who have lived here for thousands of years are not constitutionally entitled to birthright citizenship under the 14th Amendment, the children of illegal immigrants, foreign criminals and fraudster tourists certainly cannot be. Until now. The amendment’s ratifiers could never have imagined, let alone intended, citizenship for the children of millions of unvetted illegals or for a birth-tourism industry that’s funneled hundreds of thousands of foreigners, especially from China, into the country for this purpose.
But Roberts, Barrett and three liberals put their vanity over our sovereignty, national security and country. This ultimate betrayal is unforgivable
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