Criminal Justice Critical thinking

Termination of birthright citizenship
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Institution
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Citizenship by birthright is a policy that extends legal status to those born in a country, regardless of the parent citizenship status. In the United States, such law exists under the 14th amendment of the constitution. In a recent interview, president Trump challenged this provision stating that an executive order was all he needed to eliminate it. This move sparked outrage from legal scholars who believe that such a stipulation is radical and implementing it would require a closer look into an amendment. So, can an executive order terminate the birthright law?
It is crucial to understand that the president can give such an executive order under Article 2 section 1 of the constitution. However, to achieve termination of the birthright clause, a constitutional amendment would be needed. The bureaucratic procedure to amend this clause would be long and challenging. The arguments made by opponents of this construct base their debate on the interpretation of the amendment (Wydra, 2011). The understanding of “subject to jurisdiction” opens up a broad definition which contestants of this provision argue does not apply to immigrants who are undocumented. This interpretation and therefore the move towards an executive order challenges the Supreme Court. A barrage of legal battles would ensue as the birthright provision is protected by other laws such as the Immigration and Naturalization Act of 1952.
Furthermore, it would spark a debate on the fundamental definition of citizenship.

This is not to say that the clause cannot be removed. Through legal means, it can, under the act of Congress. Therefore, an executive order has the capability to revoke birthright citizenship, but the motion to do so is contentious and would require a series of lengthy legal engagements for it to successfully pass.
Reference
Wydra, E. (2011). Born Under the Constitution: Why recent attacks on birthright citizenship are unfounded. American Constitution Society, (5), 11.