Now that we have a president with the popular mandate with both houses under republican control ,What will prevent a constitutional amendment to overthrow the US VS Wong Kim Ark ruling ?
from WIKI
from WIKI
Legislative attempts to overturn Wong Kim Ark[edit]
In response to public reaction against immigration[114] and fears that U.S.-born children of illegal immigrants could serve as links to permit legal residency and eventual citizenship for family members who would otherwise be ineligible to remain in the country, bills have been introduced from time to time in Congress which have challenged the conventional interpretation of the Citizenship Clause and have sought (thus far unsuccessfully) to actively and explicitly deny citizenship at birth to U.S.-born children of foreign visitors or illegal aliens.[193] As one example among many, the "Birthright Citizenship Act of 2009"—introduced in the House of Representatives of the 111th Congress as H.R. 1868, by Representative Nathan Deal of Georgia—was an attempt to exclude U.S.-born children of illegal immigrants from being considered subject to the jurisdiction of the United States for purposes of the Citizenship Clause.[194] A similar proposal—named the "Birthright Citizenship Act of 2011"—was introduced in the House as H.R. 140 in the (112th) Congress on January 5, 2011 by Representative Steve King of Iowa,[195] and in the Senate as S. 723 on April 5, 2011 by Senator David Vitter of Louisiana.[196] Neither bill was discussed in Congress prior to the end of the session.
Since an act of Congress challenging the accepted interpretation of the Citizenship Clause might very possibly be ruled unconstitutional by courts choosing to rely onWong Kim Ark as a precedent,[185] proposals have also been made to amend the Constitution so as to override the Fourteenth Amendment's language and deny citizenship to U.S.-born children of illegal aliens or foreign visitors. For example, Senator Vitter of Louisiana introduced Senate Joint Resolution (S.J.Res.) 6 in the 111th Congress, but like H.R. 1868, it failed to reach the floor of either house of Congress before the 111th Congress adjourned on December 22, 2010.[197] Vitter reintroduced this same proposed amendment as S.J.Res. 2 in the 112th Congress on January 25, 2011; it was not brought up for discussion or voted upon in either house of Congress.[198]
In 2010 and 2011, state legislators in Arizona introduced bills proposing to deny regular birth certificates to children born in Arizona whose parents cannot prove they are in the United States legally. Supporters of such legislation reportedly hope their efforts will cause the issue of birthright citizenship for U.S.-born children of illegal aliens to reach the Supreme Court, possibly resulting in a new decision narrowing or overruling Wong Kim Ark.[199][200][201]
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