S.646 - Born in the USA Act (119th Congress)
Summary
The "Born in the USA Act" (S.646) aims to prohibit the use of federal funds to carry out Executive Order 14160, which sought to restrict birthright citizenship. The bill is based on the premise that the executive order is unconstitutional, violating the 14th Amendment's citizenship clause. The bill cites the Supreme Court case United States v. Wong Kim Ark, which affirmed birthright citizenship.
The bill asserts that birthright citizenship is a constitutional right that cannot be rescinded by executive order or an act of Congress. It is sponsored by several senators and was introduced in the Senate, then referred to the Committee on the Judiciary.
In essence, the bill is a legislative attempt to block the implementation of an executive order deemed unconstitutional by its sponsors, reinforcing the principle of birthright citizenship as enshrined in the 14th Amendment.
Expected Effects
If enacted, the "Born in the USA Act" would prevent the enforcement of Executive Order 14160. This would ensure that the US government continues to recognize birthright citizenship as defined by the 14th Amendment.
This would prevent potential legal challenges and administrative burdens related to denying citizenship to children born in the US. The bill would also reinforce the separation of powers by limiting executive overreach in an area governed by constitutional law.
Potential Benefits
- Reinforces the 14th Amendment's guarantee of birthright citizenship.
- Prevents potential erosion of civil rights.
- Upholds the Supreme Court's interpretation of the 14th Amendment in United States v. Wong Kim Ark.
- Limits executive overreach and protects the separation of powers.
- Provides clarity and stability regarding citizenship laws.
Potential Disadvantages
- May be viewed as a partisan effort to undermine the executive branch.
- Could potentially lead to further political polarization.
- Might be seen as unnecessary if the executive order is already deemed unconstitutional by the courts.
- Could divert resources from other pressing legislative priorities.
Constitutional Alignment
The bill is strongly aligned with the 14th Amendment to the US Constitution, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." It also aligns with the Supreme Court's interpretation of this clause in United States v. Wong Kim Ark.
By seeking to block an executive order that the bill's sponsors believe violates the 14th Amendment, the bill aims to uphold the Constitution. The bill reinforces the principle that constitutional rights cannot be easily altered by executive action.
Furthermore, the bill implicitly supports the principle of separation of powers, as it seeks to limit the executive branch's ability to act in areas governed by constitutional law.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).