Keep in mind our Supreme Court is not granted legislative power to make anchor babies citizens
I don’t see how our Supreme Court would be acting within their limited power if they declare the offspring of illegal entrant foreign nationals born on American soil are citizens upon birth. The 14th Amendment gives Congress, and only Congress, the power to adopt “appropriate legislation” to enforce the Amendment. For the Supreme Court to step in and declare such citizenship would be a violation of our separation of power doctrine and be exercising Congress’s exclusive law-making power under the 14th Amendment.Keep in mind that in 1924 Congress exercised its exclusive power under the “Indian Citizenship Act of 1924”, extending citizenship as outlined in the Act. Since then, I can find no “appropriate legislation” under which Congress has extended citizenship to the offspring of illegal entrant foreign nationals born on American soil.
Currently, there is no S.C. Case, or Act of Congress by which citizenship is recognized for the offspring of illegal entrant foreign nationals born while on American soil. Unwritten federal policy, and only unwritten federal policy, now recognizes them as such.
It is important to note that under Article 2 of our Constitution, our President gets to exercise administrative policy changes, such as was exercised by Biden, when he was President, with his disastrous and destructive open border policy.
This policy making authority of our President is a hallmark of our Republican Form of Government and our Constitution, which also provides for elections in order to accommodate change of existing public policy as determined by the people through elections and their vote.
As far as I can tell, President Trump is free, as he has done by Executive Order, to exercise his administrative policy-making power, so long as it does not violate any provisions of our Constitution, and he may change existing federal policy which has recognized the offspring of illegal entrant foreign nationals born while on American soil as citizens of the United States upon birth.
Our S.C. should not get involved in this policy making change, except to educate the public how our system works, and that elections have consequences, one of those consequences is the setting new federal public policy.
JWK“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story
