Homan and Trump Aim to End ‘Anchor Baby’ Citizenship [More]
Just going forward? Millions are already here and coming of voting age. Since there’s no precedent to make it retroactive and there’s a Constitutional proscription against are ex post facto laws, I question if this is something they can just do by decree without years of legal challenges.
[Via Michael G]
EVERYTHING Trump,Homan and the rest of the incoming administration does will be met with endless litigation.
You’re looking at this the wrong way. Instead of “making a new law” you get the old constiutional language interpreted properly by a court. Then it’s not an ex-post facto law with a retroactive punishment, it’s a redefinition of what has always been legal or illegal.
Of course, you don’t even have to do it that cleanly if you’re a Democrat, like Lautenberg. You just pass the brand new law and argue that the new penalty isn’t a punishment, just a new federal prohibition.