Peter Schuck On Congress' Ability To Define The Boundaries On Birthright Citizenship
I confess to non having delved deeply into the history of the 14th Amendment's debates regarding the citizenship clause, as well as in all probability similar nearly constitutional scholars, I merely assumed from reading the text of the provision that Congress did non convey the ability to deny citizenship to those born hither to persons who did non movement into alongside Congress' "permission" -- ie, legally.
But inwards starting to read upward on this issue, I discovered that ane of our leading scholars of immigration, Professor Peter Schuck, has argued for many years, starting inwards his 1985 book, Without Consent: Illegal Aliens inwards the American Polity (written alongside Rogers Smith), that Congress does convey the ability nether the 14th Amendment "to regulate access to birthright citizenship for groups to whose presence or membership it did non consent." This yesteryear summer, Schuck as well as Smith published a long attempt inwards which they summarized their views, which tin sack hold upward establish here.
Of course, the interrogation of whether Congress tin sack legislate on this effect is a completely dissimilar interrogation than whether the President tin sack human activeness unilaterally yesteryear executive order. Congress has legislated extensively inwards this area, as well as the President does non convey the ability to contravene Congress inwards this area, given the Constitution's explicit commitment to Congress of the powers over naturalization as well as other relevant powers Congress has that touching this issue.
But given the discussions at ane time emerging over the full general effect of birthright citizenship as well as the master copy agreement of the 14th Amendment's citizenship clause, I idea readers would desire to know of Peter Schuck's extensive give-and-take of this issue. I'm non endorsing Peter's views, of course, but I intend many readers volition desire to hold upward aware of them.
Update: After I posted this, Schuck as well as Smith published a Washington Post op-ed reiterating their analysis inwards brusque form, here.
But inwards starting to read upward on this issue, I discovered that ane of our leading scholars of immigration, Professor Peter Schuck, has argued for many years, starting inwards his 1985 book, Without Consent: Illegal Aliens inwards the American Polity (written alongside Rogers Smith), that Congress does convey the ability nether the 14th Amendment "to regulate access to birthright citizenship for groups to whose presence or membership it did non consent." This yesteryear summer, Schuck as well as Smith published a long attempt inwards which they summarized their views, which tin sack hold upward establish here.
Of course, the interrogation of whether Congress tin sack legislate on this effect is a completely dissimilar interrogation than whether the President tin sack human activeness unilaterally yesteryear executive order. Congress has legislated extensively inwards this area, as well as the President does non convey the ability to contravene Congress inwards this area, given the Constitution's explicit commitment to Congress of the powers over naturalization as well as other relevant powers Congress has that touching this issue.
But given the discussions at ane time emerging over the full general effect of birthright citizenship as well as the master copy agreement of the 14th Amendment's citizenship clause, I idea readers would desire to know of Peter Schuck's extensive give-and-take of this issue. I'm non endorsing Peter's views, of course, but I intend many readers volition desire to hold upward aware of them.
Update: After I posted this, Schuck as well as Smith published a Washington Post op-ed reiterating their analysis inwards brusque form, here.
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