In light of all the debate, confusion, and misinformation, I humbly offer up a teaching tool in the form of a potential executive order to be administered by the President, consistent with both the Constitution and the 14th Amendment; complete with references and explanations to support the authority of this executive order.
I believe this executive order drafted in this manner will clarify any questions about Birth Right Citizenship and the authority of the President to issue an Executive Order on this subject. Additionally, since we are well aware that any EO written on this topic will be fast tracked to the Supreme Court, an executive order written in this manner will force the Supreme Court to address this issue from more than just a political and popular perspective, but also from an historical, constitutional, and legal perspective: which should be the focus of all judicial opinions. ~ KrisAnne Hall, JD
*** NOTICE ***
This is offered solely as a teaching tool and not to be used for any other purpose.
Executive Order Enforcing the Constitution and the 14th Amendment to Limit Citizenship as Therein Defined
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Article 2 section 1, Article 2 section 2 clause 1, Article 2 section 2 clause 3 and pursuant to my oath in Article 2 section 1 clause 8 of the Constitution of the United States of America,
I, DONALD J. TRUMP, President of the United States of America, in order to faithfully execute the Office of President of the United States, and to preserve, protect and defend the Constitution of the United States, hereby order as follows:
Section 1(a) All executive agencies and their agency directors will follow and enforce the Uniform Rule of Naturalization as ratified by the Legislative branch as long as those laws are made consistent with Article 1 section 8 and Article 6 clause 2 of the Constitution.
(b) All Rules of Naturalization that are made inconsistent with the Constitution will be considered “null and void” by these executive agencies and their directors pursuant to my oath in Article 2 section 1 clause 8 as demanded by the authors of the Constitution, to wit:
“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.” Federalist 78
“No legislative act, therefore, contrary to the Constitution, can be valid.” Federalist 78
“…the power of the Constitution predominates. Any thing, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law.” James Wilson, Virginia Ratifying Convention 1787
Section 2(a) the 14th Amendment establishes that “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.” The drafters of this Amendment give sufficient clarity as to the meaning and application of this clause in Congressional Record:
“This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States and subject to their jurisdiction, is by virtue natural law and national law a citizen of the United States.
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.” The Honorable Jacob M. Howard, US Senator for the State of Michigan, 1868
(b) Pursuant to my obligation to preserve, protect, and defend the Constitution of the United States, and consistent with Legislative Intent and the tenor of the commission under which it is to be exercised, all executive agencies and their department directors will no longer accept the birth of a child in the United States as proof of citizenship when the parents of that child are:
Visitors to any of the States in these United States or any of its legal territories;
Ambassadors or ministers from other countries to these United States;
Aliens, legal or otherwise
(c) This Executive Order does not create any standard for citizenship, but merely enforces the standard that is already in place by proper application of the Constitution and the 14th Amendment. This Executive Order is not intended to change the status of citizenship for any person who claims that privilege before November 2, 2018. As president I do not have the constitutional authority to grant citizenship to any alien nor do I have the authority to deny citizenship to those already established as citizens, that is a power delegated to the Legislative Branch.
Section 3. Pursuant to Article 2 section 1 clause 8, as president of the United States and Chief Executive Officer of the Executive Branch of the United States it is not only within my authority to issue this executive order directing executive agencies and their agency directors on how to faithfully execute the laws of the United States and also faithfully preserve, protect, and defend the Constitution of the United States, it is also my duty to operate as an effective and co-equal check and balance on federal power when one or more of the branches of that federal government are operating outside the proper delegated power of the Constitution of the United States:
“We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights.” Federalist 51
“[The Constitution] has more wisely made all the departments co-equal and co-sovereign within themselves…” Thomas Jefferson, 1820
Given the precision with which the Constitution is written and the clear application and purpose directed by the authors of the 14th Amendment, this executive order is not only lawfully given, but responsibly and dutifully authored.
Section 4. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by the Constitution to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
November 2, 2018
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The above article and podcast (Executive Order Enforcing the Constitution and the 14th Amendment to Limit Citizenship as Therein Defined) was contributed to TLB Project by friend/author KrisAnne Hall and was originally published on KrisAnneHall.com.
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