President Trump recently announced his intention to issue an executive order banning birthright citizenship for children of illegal aliens. Honest constitutional scholars know it is well-documented that the Fourteenth Amendment does not support the award of birthright citizenship to illegals as we covered here.

If President Trump issues the executive order he will unfortunately provoke federal litigation. It is time to elaborate on the legal argument with logical and moral arguments President Trump’s attorneys should use to overwhelmingly demonstrate the strong case of such an executive order.

In the Fourteenth Amendment, Section One, the words “subject to the jurisdiction” are an important part of the legal argument. Let’s demonstrate how illegal aliens prove this clause of the Fourteenth does not apply to them by their actions and those of the Mexican government, the anchor of their true allegiance.

During Congress’ debate offering the Fourteenth Amendment, Senator Lyman Trumbull said, “The provision is, that “all persons born in the United States and subject to the jurisdiction thereof, are citizens.” That means, “subject to the complete jurisdiction thereof.”[1] He further elaborated, “What do we mean by subject to the jurisdiction of the United States? Not owing allegiance to anybody else.”

Illegal aliens actively seek to avoid allegiance to the United States while remaining loyal to their home government.

The Mexican government leads diplomatic efforts to protect the interests of its citizens that are present illegally in the United States. The guidance they provide aids and encourages these aliens in the violation of our laws by entering and remaining in the United States illegally. This activity also interferes in the internal affairs of the United States.

The active support of the illegals by the Mexican government have included publishing a guide to the Mexican immigrant as a pamphlet that aides illegal border crossings. It not only helps guide these people in avoiding the dangers of the trip, but has taught them how to avoid border authorities during their presence in the United States.

“Community advisors” are provided by Mexican consulate officials, in cooperation with the Mexican government for those illegally in the United States. Legal advice, advocacy [2] and political organization are some of the services provided. The internal politics of the United States are regularly interfered with through political activism on behalf of the illegals, such as lobbying for driver’s licenses, with 12 states currently providing these licenses.

The National Council of La Raza, Mexican American Legal Defense Fund, and League of United Latin American Citizens are just a few examples of agencies contributing to these efforts of the Mexican government to aide illegals in efforts to avoid any allegiance to the United States. [3]

Even in the shadows of 9/11 terrorist attacks where verification of identities became a higher priority, including the controversial RealID standards for drivers’ licenses, the Mexican Government issued a dishonest statement to intimidate state governments into issuing these licenses to illegals.

We must be clear. Not only does the history of the Fourteenth Amendment clearly hold that illegal aliens do not fall under the “subject to the jurisdiction” language, a logical, honest assessment of their actions also holds they clearly do not. You cannot illegally enter our borders, remain illegally, seek to participate in our economy, relying on your home government for identification cards, legal advice, and legal representation, while actively avoiding demonstrating any allegiance to America, and claim you are subject to the jurisdiction of the United States.

This analysis clearly holds that President Trump has a duty to end award of birthright citizenship for illegals and that he should win the legal argument soundly based in the honest history of the Fourteenth, legal arguments, and the clear demonstration by illegals of allegiance to Mexico, and not the United States

[1] The Congressional Globe, May 30, 1866. Debate on Senate Floor. Remarks of Senator Trumbull. Available at

[2] The Mexican government warned Friday of a “new reality” for its citizens living in the United States and advised them to “take precautions” following the deportation of an undocumented mother after a routine visit with U.S. immigration authorities.


Shawn founded Guard The Constitution to prosecute the important effort of preventing the deceptive Article V convention effort to re-write our Constitution. Over time, it became obvious that coordinating patriots in efforts to take our government back were possible, important, and a priority.

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