# Think Tank > U.S. Constitution >  A Presidents E.O. can end birthright citizenship

## TommyJeff

My living constitution says in article 1, section 8, _the president has authority_ To establish a uniform rule of naturalization.  As I continue to read, i learn the 14th amendment basically says _the president decides_ all persons born or naturalized in the United States, _especially when subject to jurisdiction of other nations_, are citizens of the United States and of the state wherein they reside.

Finally we have a president who wont overstep their constitutional authority directed in my living constitution.  The possible trump executive order is needed because Congress has no authority relating to citizenship.

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## Aratus

Despite the fact that Lindsey Grahan will introduce a bill in the Senate to back DJT up on this,
the ACLU will fight this all the way up to the U.S Supreme Court. We have the vote in a week
that could change the composition of Congress. We also are inside the most corrupt Republican
Administration in our nation's history. Expect 2019 to be quite eventful at this rate, just saying!

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## Swordsmyth

Did Congress ever pass a law creating birthright citizenship?
As far as I know it was legislated from the bench.

If it is unconstitutional as some argue then Trump can simply order the executive branch to follow the Constitution instead of the unconstitutional judicial ruling.

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## Jamesiv1

Take away the incentives and watch the migrant hordes disappear.

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## TommyJeff

> If it is unconstitutional as some argue then Trump can simply order the executive branch to follow the Constitution instead of the unconstitutional judicial ruling.



Wonderful point.  This makes my OP invalid. Thanks for commenting and clearing this issue

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## timosman

> Take away the incentives and watch the migrant hordes disappear.


Wishful thinking.

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## Stratovarious

> Did Congress ever pass a law creating birthright citizenship?
> As far as I know it was legislated from the bench.
> 
> If it is unconstitutional as some argue then Trump can simply order the executive branch to follow the Constitution instead of the unconstitutional judicial ruling.


Agreed, and as mentioned (op);
 _the president decides_ all persons born or naturalized in the United States, _especially when subject to jurisdiction of other nations_, are citizens of the United States and of the state wherein they reside.

This statement further affirms the obvious meaning of ''subject to the jurisdiction of the United States..."-
Anchor babies and illegal immigrant babies are not US Citizens, their parents are not subject to the jurisdiction
of the US , they are subject to the jurisdiction of their respective origin.

The Constitution matters.

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## Stratovarious

> Take away the incentives and watch the migrant hordes disappear.


Agreed,
I have written this a thousand times; all incentives, as well as the need to 'shut down' sanctuary cities 
and jail offending employers, 'the wall' will never be the defining cure' .

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## Zippyjuan

> *My living constitution* says in article 1, section 8, _the president has authority_ To establish a uniform rule of naturalization.  As I continue to read, i learn the 14th amendment basically says _the president decides_ all persons born or naturalized in the United States, _especially when subject to jurisdiction of other nations_, are citizens of the United States and of the state wherein they reside.
> 
> Finally we have a president who wont overstep their constitutional authority directed in my living constitution.  The possible trump executive order is needed because Congress has no authority relating to citizenship.


Actually in the real Constitution, it is Congress, not the President who has the power "To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"  https://www.usconstitution.net/xconst_A1Sec8.html

Naturalization being the process of those who did not receive citizenship by birth becoming citizens.

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## ThePaleoLibertarian

For a civic national identity to have any hope of working, citizenship needs to be something one works for. Birthright citizenship is a disaster that is hastening the destruction of multiracial and multicultural societies.

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## timosman

_Cui bono?_

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