What do you think of the idea of Trump issuing an executive order abolishing birthright citizenship? Of course, birthright citizenship is a massive scam: here’s my 2011 article translating a Chinese birth tourism ad listing seven ways you are being ripped off by random foreigners.
It’s certainly less Constitutionally absurd than Obama’s plot to issue 5 million get-out-of-jail-free cards to “Dreamers.” But it’s going to be a tough slog to win on the constitutional issue. I’ve looked into this a few times and never found the constitutional arguments all that persuasive. Of course, that’s what smart boys like Brett Kavanaugh are for.
On the other hand, why not a Constitutional amendment? Why allow ourselves to be relentlessly ripped off by people who don’t give a damn about the Constitution?
But leaving aside the legalistic issues, this is a great issue upon which to contest a democratic election. Whether or not the Supreme Court will uphold this, this is what the electorate should be voting upon in November.
This is democracy.