According to constitutional lawyers, President Donald Trump’s executive order, which tries to ban the citizenship of birthright, and the legal arguments supporting this order fall flat. However, experts have warned that whether judges choose to buy the idea about the history of the Trump administration, “conservative history and tradition take seriously” and that the judges who win want to give a new administration.
In Seattle on Thursday, a federal judge blocked Trump’s executive order of birthright citizenship. Judge John Cofinor, who oversees a Ronald Reagan, has termed the order “clearly unconstitutional”. The purpose of this order is to return the citizenship of birthright for children born in the country for parents who are not a legal permanent resident.
“I am having trouble understanding that a member of the bar can clearly state that this order is constitutional.” Said. “It just reduces my mind.”
In this case, the Trump administration is leaning on the 19th -century laws, such as the 1866 Civil Rights Act Act, and it has deployed arguments that also raise the question of the citizenship of immigrants, but also the citizenship of local Americans. –
In filing, the lawyers of the Justice Department cited the Supreme Court case Elk vs. WilkinsIn which the court ruled that “since the members of the Indian tribes are ‘immediate allegiance’ with their tribes, they are not subject to the ‘jurisdiction’ of the United States and they are not entitled constitutionally citizenship.”
Robert Pack, the founder of the Constitutional Liaison Center, told Salon that he had found “the administration’s attempt to use the grip of the law of 1866.” Pack explained that the United States government treated local American tribes as sovereign nations by 1871, five years after the 1866 civil rights act was approved, when the Congress approved the Indian Customs Act –
In the Indian Customs Act, the Congress stopped considering local Americans as a member of sovereignty and instead considered them a ward of the United States. Government. The question of whether local Americans were subjected to the rule of the United States, it was further explained in 1886, in which the Supreme Court decision. United States vs KagamaIn which the court said that the native Americans are the “ward of the nation”.
“With their extreme weakness and helplessness, the main reason for this is to protect them with the affairs of the federal government and the agreements in which it has been promised, and with it. The power is created. ” Read.
In 1924, there was a question of local American citizenship Revision In the Indian Citizenship Act, the Congress, which granted citizenship to all the local Americans born in the United States, was allowed to decide whether local Americans were allowed to vote. Due to this law, the 14th Amendment decision on the citizenship of birth is unlikely to affect the status of local Americans’ citizenship.
Although there are certain issues in which local American and native American lands, described as “domestic -dependent countries”, are treated differently than other jurisdictions, Pack said the federal government “tribes Most goals are subject to the federal jurisdiction. “
Dan Leverins, director of the Indian Law Certificate Program at the University of North Dakota, told Salon that the Trump administration’s interpretation Elk vs. Wilkins The decision is also a false statement. He explained that although the decision showed that the local American did not enjoy the citizenship of the right, it was not just because they were subjects of another government.
He said that the reason was not that they were more complicated. It is not just that he was a citizen of a foreign power, who was a tribe, but rather that he was born in the area of foreign power. “The child of another country may still be subject to the jurisdiction of this abroad, but they are also subject to the US jurisdiction.”
The Leverage noted that “even if the Supreme Court accepted the faulty defects presented by the Trump administration”, the local Americans would still maintain their citizenship because of other laws like the 1924 Indian Citizenship Act.
Like the question of the citizenship of the local American birthright, the question is whether the immigrants had enjoyed the right to the citizenship of birthright, they were resolved 100 years ago. In 1898, the Supreme Court decided United States vs Wang Kim ArcThat children born in the United States are born from the parents of immigrants Citizenship.
Although these two questions have been settled for more than a century, Yale University law and history professor Samuel Moin told Salon that he expects the Trump administration to highlight the history of those who have born in this matter. There was a debate against the citizenship of the truth. Clash through the courts. Moen notes, the final strategy, is likely to push the matter into a “history and customs” decision, in which the judges can decide which date they consider to be related to the matter.
“I am like a constitutional interpretation. I think the Constitution means permanently and depends on how many judges want to turn Donald Trump.” Because it has to explain where it stands in connection with Donald Trump’s revolution. They have to decide what their administration has done and when it will let it go.
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Moin highlighted that the courts reviewing the case would have to decide whether Wang Kim Arc “Only permanent residents and their children are about or about a foreigner that is in the area and has a baby.”
“If this is the first Trump argument, if it is the second, he loses,” said Moen. If there is any argument and Wang Kim Arc It is prominent that there will be a solid debate about history and tradition. “The birthright of immigration has a very long history to recognize citizenship.”
Then, the question for the guards of the Mehra in the Supreme Court becomes the question, “Do conservatives take history and tradition seriously in this case?”
Law Professor James Sampa at Hofstra University told Salon that “almost no No scholars or constitutional lawyers, including many conservative thinkers, believe that it is constitutional or it will succeed.”
The sample said, “But even if it only fails in the courts that we are talking about it means that Trump has succeeded in changing the Overton window and Trump is our focus. Has been able to move something that has been set for 130 years. ” . “There is a deafness for the European race and other offspring, who tell the Native Americans what their citizenship is and not.”
The sample states that Trump has effectively tried to amend the constitution through an executive order, adding that “even the bill passed by the two Houses of the Congress was signed by the President and the President. The bill is not preferred over the Constitution of the United States “and this effort is” proud. “
However, the sample highlighted the practical results of accepting such a legal theory, which could reopen the debate on which the people born in the United States are considered citizens as well as such people. Goes only who live in the United States.
“If you have a child who is a law that is a citizen of the United States and you separate the family that already disrupts the incredibly, but if you begin to say that on the US soil The children born do not get the citizenship of the right. Said
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