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The Supreme Court recently handed down its worst decision in generations in Trump v. Barbara. Chief Justice John Roberts and Justice Amy Coney Barrett joined three liberal justices to block President Donald Trump’s executive order and grant birthright citizenship to the children of tens of millions of illegal aliens and visitors born in China and other hostile countries.
The majority ruled that the Fourteenth Amendment – passed after the Civil War to give former slaves equal rights – grants citizenship to almost anyone born on US soil, whether they entered illegally, whether they are an alien who hates America, whether they are only here on a temporary visa and whether they are playing our system as a Chinese-born guest. Under this concept, American citizenship means nothing more than place of birth. Forget values, patriotism or common values. What matters is the location.
United States Chief Justice John Roberts, left, and Associate Justice Samuel Alito, right, dissented in the case. (Jabin Botsford/The Washington Post via Getty Images)
This decision destroys what it means to be an American. It ranks among the Court’s worst, alongside Dred Scott v. Sandford (1857) and Roe v. Wade (1973). Justice Samuel Alito warned in dissent: “This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a grave mistake.” Justice Alito is an excellent host. This was more than a bad mistake. John Roberts’ disastrous decision, put together by four women on the Court, could kill our country.
The damage cannot be overestimated. At the heart of the monarchy is the power to decide who enters the country and who becomes its citizen. Besides, we live at the mercy of foreign billionaires. Citizenship defines who shares America’s blessings and burdens, who upholds its values, honors its history, and who joins its social contract. Ultimately it will decide whether the United States is a nation or just a place.
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Americans built the New York skyline, tamed the great frontier, defeated fascism and communism, landed on the Moon, and built the freest and most successful and powerful nation in human history. Deciding who we invite to join us is the most important decision our nation can make. Once citizenship is granted, it is rarely revoked. Citizenship provides full and equal rights, including the right to vote and to claim all economic and social benefits.
Yet this decision puts the newborn child of the MS-13 gang that crossed the border illegally days ago on par with generations of Americans who fought in world wars, passively built this country and died for its future.
The national security implications are dire. As Justice Alito noted, a child born here by an enemy alien from China or some other hostile power, then raised abroad to hate the United States, will be a citizen for life with the right to vote in every election. They may even run for president of the United States.
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The votes of professors Roberts and Barrett, who call themselves originalists, are very disgusting. Anyone with a reasonable understanding of the history of the Fourteenth Amendment would never conclude that it was intended to grant the right of citizenship to the children of illegal immigrants or aliens who have no allegiance to this country. Ratified in 1868 to secure the citizenship of freed slaves after the Civil War, the amendment’s key qualification — “under your authority” — deliberately excluded children of diplomats and children of invading soldiers. The Supreme Court recognized this principle in Elk v. Wilkins (1884), ruled that Native Americans born on reservations were not entitled to natural-born citizenship under this amendment, as they were under the jurisdiction of – and owed their allegiance to – their tribes rather than the United States. Congress later extended birthright citizenship to them through legislation in 1924. If Native Americans who were born here and have lived here for thousands of years do not have a constitutional right to birthright citizenship under the Fourteenth Amendment, the children of illegal immigrants, foreign criminals, and tourist fraud certainly do not. Until now. The proponents of this amendment would not have considered, let alone benefited from, the citizenship of the children of millions of undocumented illegals or the birth tourism industry that has brought hundreds of thousands of foreigners, mainly from China, into the country for this purpose. But Roberts, Barrett and the three liberals put their vanity over our sovereignty, national security and the country. This final betrayal is unforgivable.
By deciding the case on sweeping constitutional grounds rather than a narrow legal basis, the majority, including Roberts and Barrett, made fixing this tragedy extraordinarily difficult. Repealing it now requires passage of a constitutional amendment by two-thirds of both houses of Congress and three-fourths of the states — or a constitutional convention. They did not ignore the list of books to avoid the constitution, they got stuck in a maximalist, ahistorical law, and they tied the hands of many of the future. If they had taken a smaller approach, as Justice Kavanaugh argued, Congress could have passed a fix. Justice Kavanaugh’s opinion was still wrong – but it was not a disaster, like the Roberts decision.
With this decision, Roberts again prioritized his personal opinion over the constitutional duty. His legacy is to maintain his dignity that harmed our nation at a time when political pressure was increasing. Time and time again he has flipped — on Obamacare, on election cases, on immigration — choosing the path of least resistance and high elite approval.
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Justice Barrett’s vote is particularly poignant. Barrett is interviewing as the next Justice Scalia, for whom he works. His lawyers sold him the same way. Yet Barrett helped issue a ruling that ignored the amendment’s text, history and limiting statutes. This was a failure of character and judgment that raised academic assumptions above the real stakes: indoctrinated children of gang members, incentives for increased illegal immigration, and the erosion of citizenship as a beneficial asset rather than a local hazard. Originalism regardless of the interests of the state to be protected is effective. Professor Barrett thinks he’s taking law school exams instead of using good judgment, which proves why he’s a junior-varsity law student who isn’t qualified for the job.
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The Trump administration must pursue mass deportation of all illegal immigrants, starting with women of childbearing age. Even if these illegals have “citizen” children, they should still be deported to avoid creating false citizens. Cutting government funding for programs that benefit illegal immigrants, too, will force the hands of those who exploit our generosity. Government funding to states, cities, and any other organizations that provide benefits to illegal immigrants must also end. And the Trump Department of Justice, under the leadership of Todd Blanche, must continue to use all criminal and civil tools to prosecute, arrest, deport immigrants who enter our country, attack our citizens, loot our wealth and degrade our culture.
The Americans were a better fit for Roberts and Barrett. Lifetime tenure is in place so judges can withstand political fads and pressure from bigwigs. This abomination of judgment destroys our sovereign power and our duty – as We the People, the sovereign citizens of America – to define and control our future. It is like the suicide of the country by the rule of law. It is the ultimate betrayal by five unelected narcissists in clothes. Without mercy, we must quadruple mass deportations. And quickly.
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