Another Thought on Birthright Citizenship

I start from two premises. One is the clear distinction in meaning between subject to the jurisdiction and subject to the power of. I continue with the premise that illegal aliens, who have entered our country illegally and remain here illegally, are subject only to the power of our government.

Our government sits at the head of our social compact. More to the point, our government has exactly zero jurisdiction beyond the limits of our social compact; this is well understood both in our domestic law and in international law. Illegal aliens have illegally entered our nation, and they continue to stay without turning themselves to positively seek to get themselves right with our laws, especially with that subset that is our immigration laws. By their own conscious behavior, they are holding themselves outside of our social compact where our government has no jurisdiction, only raw power.

Within or without our social compact is a distinction that applies also to pregnant women who enter our nation, even legally, solely to have their babies on American soil, and who then depart for their home country. These women, never having given up their home country’s jurisdiction, have never submitted themselves to our jurisdiction. Indeed, by their intention of returning to their home country as soon as they’re able after birth, these women have never intended to submit themselves to our government’s jurisdiction. These women have held themselves outside our social compact for the duration of their stay here.

From that, babies born to illegal aliens and to birth-tourist mothers are not—cannot—be citizens of our United States: they’ve been born outside our government’s jurisdiction.

Looking at this from another direction, here is the relevant clause of the 14th Amendment:

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 form of the clause’s logical construction is this: If A AND B, THEN C. Thus: If born or naturalized AND subject to our jurisdiction, THEN citizen.

Both A and B must be true for C to be true; that’s the meaning of the AND connector. Since the babies born to illegal aliens or to birth-tourist mothers do not meet the second condition, they cannot reach the THEN outcome.

There is a counterargument, and that one centers on the early 17th century British origins of the concept of citizenship by dint of place of birth, with further references to American court decisions on the matter prior to the 1868 ratification of our 14th Amendment. This argument also makes reference to long-standing policy as well as to that legal matter. The counterargument, though, fails for a number of reasons.

Last reason first: ‘long-standing policy” is irrelevant. Policy isn’t binding on anything outside the administrations that choose to maintain it; policy is not statute, it is too easily changed solely extra-legislatively, and it can be eliminated altogether by any subsequent administration.

British law and British legal history have value only for the logic and ideas contained in their derivation; they have nothing to contribute in terms of legally binding matters. They have no jurisdiction inside the United States; indeed, they have no jurisdiction outside the bounds of Great Britain. They’re wholly irrelevant.

Similarly, those American court rulings that predate ratification of the 14th Amendment are wholly irrelevant. With that ratification, those rulings’ vague descriptions of what an American citizen was were rendered entirely without effect by the clear definition of “citizen” that the 14th Amendment created and codified.

Even the counterargument’s references to court rulings subsequent to Amendment’s ratification are irrelevant: they merely expand on those prior irrelevancies; not affecting the Amendment’s dispositive definition, they do not render those decisions current and within the Amendment’s bounds.

Arrogance of an Activist Justice

The Supreme Court recently lifted a district court judge’s injunction that blocked President Donald Trump’s (R) Executive Order requiring heads of agencies to work with the Department of Government Efficiency on hiring decisions and developing plans for layoffs. The Court also ruled that it had based its decision on the legality of Trump’s Executive Order, and didn’t rule on whether any reorganization plans broke the law. And

The Government is likely to succeed on its argument that the Executive Order and Memorandum are lawful[.]

Justice Ketanji Brown Jackson piped up in her lone dissent.

This was the wrong decision at the wrong moment, especially given what little this Court knows about what is actually happening on the ground[.]

This is her Preciousness, and the arrogance of her activism. The Court knows little of what’s actually happening on the ground? But Jackson does know? Or in her shared Court ignorance, she would leave intact an injunction that’s blocking no known ill effects? Of course, highly talented and educated woman that she is, she knows full well that “don’t know” means…”don’t know.”

What she does know, though, as do all of the Justices on the Court (the other eight of whom voted to lift the injunction), is that no hiring decisions or layoff plans have been developed yet, much less begun execution. There is, then, no reason for the injunction, the EO itself being entirely legal.

This is the sort of activism—ignorant, not just ideological—that we can expect to deprecate the Supreme Court under a Progressive-Democrat President and Progressive-Democratic Party-dominated Senate.

Right On

Cliff Asness and Michael Mendelson, of AQR Capital Management, wrote in the Saturday Wall Street Journal‘s Letters section decrying Progressive-Democratic Party candidate for New York City mayor Zohran Mamdani’s statement that we “shouldn’t have billionaires.”

The money part of their letter, though, is their closer:

We are tempted to end by saying, with considerably more evidence than Mr Mamdani, that “we shouldn’t have socialists.” The country would be better off without such noxious and destructive ideas. But unlike him, we know we don’t get to decide who exists and who doesn’t.

Right on.

Misplaced Attributions

A couple of letter-writers in Thursday’s Wall Street Journal Letters section are worried about the the Trump administration supposedly pressuring people out of their offices. These are misplaced attributions that exaggerate the strength of “pressure.”

One opines,

Reports that political pressure from outside forces may have contributed to the resignation of UVA’s president are troubling and strike at the heart of institutional autonomy.

This writer should concern himself more with the UVA President’s lack of courage. He resigned; he was not fired. Resigning is entirely a voluntary decision, no matter the level of perceived pressure to leave. What strike[s] at the heart of institutional autonomy is not “political pressure;” it is institutional managers in leadership positions who run away rather than stay and defend their institutions and their own actions in support of those institutions.

The other letter-writer wrote,

President Trump used his political and executive powers to force an end to [Senator Thom Tillis’ (R, NC)] public service….

Leave aside the fact that Tillis had, some months before, reached his decision to not run for reelection and that Trump’s supposed pressure merely accelerated his announcement of his decision. It’s possible that this letter-writer was unaware of that fact.

What should be obvious to this person is the same thing that is so apparent in the UVA President’s case: Tillis’ decision, and his choice of timing for announcing his decision, were entirely voluntary acts entered into by Tillis himself. No amount of pressure from Trump (which were, at bottom, merely words of opprobrium) should have been sufficient to “force an end.” That’s especially true in Tillis’ case, or that of any other politician: a President has no power to force a Congressman of either house to serve or not to serve. That choice is decided entirely by the incumbent in his decision to stand for reelection or not, and in the former case, falls next to the voters of his constituency and to no one else.

Pressure can be decidedly uncomfortable, but only the faint of heart succumb to it, and we’re all better off with the faint of heart departing.

Disingenuousness of the Abortion Industry

Planned Parenthood is the industry’s canonical example. This organization has announced that it is going to sue the Trump administration over cuts in funds to it that are contained in the just-passed reconciliation bill.

The provisions contained in the One Big Beautiful Bill Act prohibits abortion providers from receiving Medicaid funding for up to one year for any other reproductive health services they may provide.

Those “other reproductive health services” are primarily related to Planned Parenthood’s and other abortion centers’ abortion activities. Access to any government funding for these is immoral and should be prevented.

Planned Parenthood’s legal beefs, though, are two: one is Planned Parenthood President Alexis McGill Johnson’s statement:

Everyone deserves access to high-quality, affordable health care.

This is absolutely true (just not by government issue, but that’s a different story), and that care can be provided by a host of facilities, government, NGO, and private. However, abortion is not health care, it’s strictly a matter of killing not yet born babies.

Planned Parenthood’s other beef is this:

Planned Parenthood said the provision puts nearly 200 centers across 24 states at risk of closure and that 90% of those closures would occur in states where abortion is still legal.

That makes explicit that Planned Parenthood puts abortion at the center of what they claim is health care. Aside from that, it’s an irrelevant beef, as is the sub-beef of those business’ locations. No business model creates a government obligation to fund it. If Planned Parenthood, or those centers, wherever they are, want to continue operating, they should change their business models to focus on actual health care provision.

The beefs are wholly irrelevant in another way: government has no obligation to send taxpayer money to any entity, whether NGO or private enterprise.

Even more cynical and disingenuous aspect of this is that nowhere in any abortion providers’ beefs about lack of government funding is there even the smallest syllable of concern for the welfare of the baby being killed by an abortion.