The Catholic University of America

CUA Law Professor Stacy Brustin was quoted in a Catholic News Agency article regarding Trump’s plan for birthright citizenship. Brustin currently serves as the Director of the new The Immigrant and Refugee Advocacy Clinic [IRAC] which allows students the opportunity to represent, under the supervision of a clinic attorney, low-income immigrant and refugee clients living in D.C., Virginia, and Maryland.
 


Trump’s plan for birthright citizenship flawed, says Catholic U law professor

From: Catholic News Agency
By: Christine Rousselle
Date: November 1, 2018

A plan floated by President Donald Trump to end “birthright citizenship” through an executive order is likely unconstitutional, according to a law professor at The Catholic University of America.

"This idea that you can pass this kind of a fundamental change to the Constitution through the signing of a pen...does not comport with the Constitution," CUA law professor Stacy Brustin told CNA.

In a recent interview with news site Axios, Trump said that the U.S. is “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States,” according to an Oct. 30 Axios report.

"It's ridiculous. It's ridiculous. And it has to end," Trump added.

"This idea that you can pass this kind of a fundamental change to the Constitution through the signing of a pen...does not compThe president reportedly said that he would soon end “birthright citizenship” through an executive order.ort with the Constitution," CUA law professor Stacy Brustin told CNA.

The Fourteenth Amendment to the U.S. Constitution is generally understood to establish that citizenship is conferred upon all children born in the United States, regardless of the legal status or citizenship of their parents.

Brustin told CNA that the president is not empowered to change the Constitution through an executive order.

“There are two very clear and established ways of changing the Constitution that are actually articulated in the Constitution,” she explained.

“Either two-thirds of both houses of Congress have to pass a proposed amendment, and then send that amendment to the states for ratification by three-quarters of the states,” or else a Constitutional convention must be held. Typically, the Congressional route has been used for the passage of previous amendments.

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Lucia Silecchia  

Professor Stacy Brustin's
Areas of Expertise

Poverty Law and Policy

Domestic Relations with Specialized Focus on Child Support

Access to Justice & Professional Responsibility

Clinical Legal Education

For additional information about our professors' areas of speciality, see the Catholic University Experts page.