I really don't care if the US has birthright citizenship or not. Nowt to do with me, up to them. But I do find it delicious that Trump was defeated. Not because I disagree with his policy on it (I don't care, nor do I agree with it), but because of how he went about it.
Fourteenth Amendment
Section 1
All 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
1868 they added that. Now I ain't legal minded at all, but I can see a big loophole in that. "subject to the jurisdiction thereof". Why not just make a law that the laws to not apply to foreigners ? Too simplistic I know, because then we would have English football fans in the US just now with no laws. My understanding is that the "subject to the jurisdiction thereof" is about diplomats.
Then there was the US Chinese exclusion act of 1882, and the case of Wong Kim ark in 1898. Result of the latter is that the 14th applies.
And Trump thinks he can just do an EO to cancel bits of the constitution.
It just amazes me that any SCOTUS Judge can read the 14th, and side with Trump.
Thing is, I think it is a daft system. That SCOTUS is needed to rule on these things. I think it should be congress making the laws. Not POTUS, and not SCOTUS (effectively).
Fair enough that SCOTUS rule on if the laws congress made are within the constitution, but it should really be self evident to the members of congress if the laws they make do or don't. It should defo not be rule by EO.
Ultimately I think the US messed up with how they can amend the constitution. It is held up as some sort of sacred text, unchangeable, yet it was designed to be amended. But the procedure for doing so was not updated.
Likes of Ireland have the right idea. Change the constitution by referendum.
I think the US constitution needs changing. And what needs changed is how it is amended. Will that happen? Probably not because of the 2nd ?. In fact, I think if it were not for the 2nd, the Constitution would largely be sidelined.
As evidence look at the dates. 1868 is the 14th. Chinese exclusion act 1882. So congress were not bothered about the 14th when they enacted that. Then it took till 1898 for SCOTUS to rule on the exclusion act and the 14th. So it took 30 years for them to say" hang on, we have birthright citizenship" and actually apply it.... for non whites anyway.
It does seem they were still in the mindset of the 1790 Naturalization act -
"That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,"
And yes, it does appear that Trump is of the same 1790 mindset. But thankfully most of congress are not. And that leads me back to Congress making the laws.