Plan to End Birthright Citizenship ‘Unconstitutional’

Kellyanne Conway’s husband, lawyer George Conway, said in an op-ed published on Tuesday that the President’s proposal to end birthright citizenship was “unconstitutional.”

“Sometimes the Constitution’s text is plain as day and bars what politicians seek to do. That’s the case with President Trump’s proposal to end ‘birthright citizenship’ through an executive order,” he wrote, referring to the 14th Amendment which grants this right. “Such a move would be unconstitutional and would certainly be challenged. And the challengers would undoubtedly win,” Conway adds, along with Obama-era U.S. Solicitor General Neal Katyal.

On Tuesday, Conway’s wife and White House counselor Kellyanne said “there are constitutional scholars that say the 14th Amendment has been misinterpreted, and, actually, the Supreme Court has never gave a solid opinion on this,” comments which greatly contrast that of her husband.

President Donald Trump said earlier in the day that he would end birthright citizenship with an executive order.

“They’re saying I can do it just with an executive order. It’s in the process. It’ll happen … with an executive order,” the President said.

The 14th Amendment, added to the Constitution 150 years ago, says that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” Conway calls the language of the amendment “simple and clear,” suggesting that there is no doubt as to what it implies.

The two men further note that the 14th Amendment itself doesn’t allow for an exception to its guarantee of birthright citizenship.

On the other hand, Kellyanne Conway said for Fox News that birthright citizenship was being “misused,” pointing to the fact that many countries in Europe and Asia do not have that.

“France ended theirs in 1993 — and most parts of Asia, many parts of Asia don’t have it. So many others, constitutional scholars, have argued that the 14th Amendment has been misinterpreted or misused in this way,” she stressed.

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