French: MAGA’s Birthright Meltdown Is in Full Effect

Good commentary:

The people above — who range from a sometime trillionaire to billionaires to government officials to journalists and pundits — aren’t exceptional on the populist right. They’re emblematic of a movement that, like Trump, is constantly arguing that this country is minutes away from midnight and that only the most extreme measures can yank America back from the brink of destruction.

And to them, Exhibit A of the destruction of America is the birthright citizenship case, the ultimate symbol of national suicide.

But how could that be? The Supreme Court’s decision did nothing more than confirm a legal status quo that’s existed since the ratification of the 14th Amendment in 1868 — a ruling that’s rooted in centuries-old British and American conceptions of citizenship.

Part of the rage seems to be rooted in a sense that MAGA came oh so close to winning. Miller told Fox News’s Jesse Watters, “The fact that it was 5-4 — so agonizingly close — just underscored that the legal community on the right and left has been so wrong for so many years, saying this was going to be a 9-0 ruling against President Trump.”

But that’s not quite right. Yes, there were only five unqualified votes for the constitutional status quo, but there were six total votes for birthright citizenship (Justice Brett Kavanaugh wrote that birthright citizenship was required by statute, not the Constitution), and Justice Neil Gorsuch’s dissent indicated that he was mainly concerned with citizenship for the children of temporary visitors.

As Gorsuch wrote about the children of unauthorized immigrants, “What matters isn’t whether a child’s parents are citizens. What matters is whether they (and, by law, their child at birth) have made this place their home and are thus ‘domiciled within the United States.’” The strong implication was that Trump’s order denying citizenship to undocumented immigrants was far too broad.

Now, by this reckoning, we can count seven justices who would retain the status quo for the children of unauthorized immigrants, at least when those families wish to stay in the United States. Birthright citizenship — at least for those people whose families live in the United States — is far more secure than MAGA seems to believe. Or wants to believe…

That’s why we believe that any person born in the United States is a citizen. The creed has helped create and sustain a culture, and then both creed and culture tell us that each person in this country is of equal worth and equal status. If the creed isn’t central to our identity, then why does the oath of office bind the president to “preserve, protect and defend” a constitution, not a country?

The Declaration, the Constitution, the Gettysburg Address — these are the proclamations that define who we are. They are the core of the American creed, and without that creed, America might retain its name, but it will not retain its nature.

Source: MAGA’s Birthright Meltdown Is in Full Effect

Unknown's avatarAbout Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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