White House, Congress Need To Assert Their Dominance Over Supreme Court On Birthplace Citizenship

The Supreme Court was comfortable overturning an executive order, but if the White House and Congress passed legislation, it would be two branches against one.

Tillis Doesn’t Understand Difference Between Biden’s Weaponized DOJ And Trump’s Pursuit Of Justice

'When you go after your political opponents, that is weaponization,' Sen. Eric Schmitt said. 'When you hold people accountable who weaponize the justice system, that's not the same thing.'

Sen. Schmitt offers glimmer of hope after birthright citizenship 'mistake' from SCOTUS



The Citizenship Clause of the 14th Amendment 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."

President Donald Trump issued an executive order on his first day back in office making it U.S. policy not to issue citizenship documents to a person whose mother was unlawfully in the country and whose father was neither an American citizen nor a permanent resident at the time of the person's birth.

'The Court has made a mistake that will seriously affect the country's future.'

This order has been at the center of a legal battle that culminated in the U.S. Supreme Court's determination on Tuesday in Trump v. Barbara that "children born in the United States to parents unlawfully or temporarily present are 'subject to the jurisdiction' of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause."

Unwilling to suffer the fallout of the high court's ruling, some conservatives are looking for legal ways to prevent America from cheapening citizenship and becoming a spawning ground for opportunistic foreigners.

Missouri Sen. Eric Schmitt (R) noted in the wake of the consequential ruling that "the majority tried to constitutionalize unlimited birthright citizenship. But Justice Kavanaugh MAY have left Congress a door."

Justice Brett Kavanaugh wrote in a partially dissenting opinion:

The Executive Order does not violate the Fourteenth Amendment. But the Order does contravene a federal statute, 8 U.S.C. § 1401(a). Congress could — consistent with the Fourteenth Amendment — amend § 1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.

RELATED: SCOTUS rules on Trump's birthright citizenship order

Sen. Eric Schmitt. Tom Williams/CQ-Roll Call, Inc/Getty Images

Recognizing that the high court's decision "will destroy the republic" but is unfixable with ordinary legislation, Schmitt advocated that "we must do what the Constitution commands in moments of national crisis: We must amend the Constitution and restore American citizenship. We must again put 'We the People' first."

"When the Court entrenches its mistake as a constitutional command, the remedy must match the injury," the Missouri senator wrote. "Congress can propose an amendment under Article V, and the states can ratify it. That process is purposefully difficult. It requires two-thirds of each chamber of Congress and ratification by three-quarters of the states."

The senator announced that he is filing legislation to amend Section 301 of the Immigration and Nationality Act.

Schmitt's proposed "American Citizenship Act" would clarify the meaning of the Citizenship Clause such that a person born in the United States would be "deemed subject to a foreign power if neither parent of such person is a United States citizen or has been lawfully admitted for permanent residence at the time of such person's birth."

The act would not apply retroactively to persons already born.

"That amendment will restore the original American understanding of citizenship. It will restore the right of the American people to define their own political community," Schmitt said. "And it will ensure that citizenship once again reflects allegiance, permanence, and membership in the American nation."

The clarification proposed by Schmitt appears to be in keeping with the longstanding American understanding of the clause referenced by Justice Samuel Alito in his dissent in Barbara.

Alito, like Justice Clarence Thomas, railed against the majority's apparent revisionist history and suggested that the court broke from tradition in its interpretation of "subject to the jurisdiction thereof," taking it to mean "subject to the laws that apply to everyone who is present within the country's borders."

The conservative justice stressed that this interpretation presents at least three "fatal problems" on textual grounds:

  • "It gives the Fourteenth Amendment's citizenship test a meaning that plainly differs from that in the Civil Rights Act, even though it is beyond any reasonable dispute that Congress did no such thing";
  • "The Court cannot explain why the Fourteenth Amendment did not confer citizenship on children born in the United States to tribal Indians"; and
  • "The Court cannot explain why the phrase 'subject to the jurisdiction' of the United States applies to naturalized citizens."

Alito said in conclusion that "the Court has made a mistake that will seriously affect the country's future."

President Donald Trump suggested that the Supreme Court's mess could be cleaned up "in Congress through Legislation, with the support of the President."

He stressed that "no long and unwieldy Constitutional Amendment is necessary!"

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Foreign-Born Judge Blocks Citizenship Test Saying It Would ‘Purge’ Voters

A foreign-born federal judge in D.C. ruled Monday that Americans are not allowed to check the citizenship of prospective voters because doing so might “purge voter rolls.” D.C. District Court Judge Sparkle Sooknanan, who is from Trinidad and Tobago, blocked the Trump administration from using an updated database called the Systematic Alien Verification for Entitlements […]

Senators Explore Avenues To Denaturalize And Deport More Fraudsters And America-Haters

'The American people are tired of a government that treats their citizenship as cheap, their laws as optional and their generosity as an invitation to be exploited.'

‘Legislative Terrorists’: Eric Schmitt Expects Democrats To Shut Down Government To Rig Midterms

WASHINGTON, D.C. — Sen. Eric Schmitt, R-Mo., said Monday that he anticipates Democrats are planning to shut down the government just ahead of the midterms, calling them “legislative terrorists” who will hurt Americans in an effort to rig the election. Speaking with a group of reporters on Capitol Hill, Schmitt said the potential for a […]

7 People Trump Should Consider For AG With Proven Track Records Of Accountability

As the president mulls over who to replace Bondi with, there are several standout candidates.

With Missouri V. Biden Settled, It’s Time For Censorship Reparations

The resolution to the case in favor of those the government had censored represents a dramatic turnaround of potentially outsize impact.

Handful Of Senators Ram Through DHS Funding Bill So They Can Take 2 Week Vacation

The legislation excludes Democratic-demanded mandates for ICE

Biden’s COVID censorship machine takes a hit: Missouri wins landmark ban on federal threats to Big Tech



A landmark settlement delivered a blow to the censorship industrial complex that silenced Americans during the COVID era.

Sen. Eric Schmitt (R-Mo.) announced Tuesday that Missouri had reached a settlement agreement with the U.S. government in its Missouri v. Biden lawsuit, which accused the Biden administration of violating Americans' First Amendment rights by directing social media companies to censor speech challenging the government's COVID messaging.

'For every working Missouri family tired of being silenced by their own government: this victory is yours.'

Schmitt filed the lawsuit against the Biden administration while serving as Missouri attorney general, before securing his Senate seat.

The agreement included a 10-year Consent Decree that enforces a narrow permanent injunction on the surgeon general, the Centers for Disease Control and Prevention, and the Cybersecurity and Infrastructure Security Agency. The injunction prevents them from threatening social media companies with any form of punishment if those companies fail to remove or suppress content that contains protected speech.

However, this ban applies only to posts made on Facebook, Instagram, X, LinkedIn, and YouTube by the specific plaintiffs in the case, including Missouri and Louisiana government officials and agencies acting in their official capacity. It does not extend to other social media networks or content posted by the general public.

"The Parties also agree that government, politicians, media, academics, or anyone else applying labels such as 'misinformation,' 'disinformation,' or 'malinformation' to speech does not render it constitutionally unprotected," the agreement reads.

The court must first approve this settlement agreement.

RELATED: BlazeTV's 'The Coverup' exposes how the censorship industrial complex silenced Americans during COVID

Eric Schmitt. Photo by Anna Moneymaker/Getty Images

"We just won Missouri v. Biden," Schmitt wrote in a post on X. "As Missouri's Attorney General, I sued the Biden regime for brazenly colluding with Big Tech to silence Missouri families — censoring the truth about COVID, the Hunter Biden laptop, the open border, and the 2020 election. They tried to turn Facebook, X, YouTube, and the rest into their private speech police, labeling dissent 'misinformation' while they pushed their narrative on the American people."

Schmitt called the Consent Decree the "first real, operational restraint on the federal censorship machine."

He explained that it "directly binds the Surgeon General, the CDC, and CISA: no more threats of legal, regulatory, or economic punishment. No more coercion. No more unilateral direction or veto of platform decisions to remove, suppress, deplatform, or algorithmically bury protected speech."

"For every working Missouri family tired of being silenced by their own government: this victory is yours. The heartland fought back, and the heartland delivered," Schmitt concluded.

RELATED: 'Karma is a b***h': Trump taps epidemiologist targeted by Biden admin and censored online to run NIH

Photo by Matt Cardy/Getty Images

Benjamin Weingarten, a senior contributor at the Federalist, addressed the victory's narrow application.

"This decree is limited to the plaintiffs, but as precedent, and practically, its impact may prove orders of magnitude more powerful in protecting disfavored speech," Weingarten wrote, calling it "a momentous blow for the First Amendment."

National Institutes of Health Director Jay Bhattacharya, who had to withdraw as a plaintiff in the case after being appointed by the Trump administration, called the settlement "a huge win for all Americans."

"Huzzah! The consent decree in Missouri v. Biden is a historic victory for free speech in the US. Though I had to switch to the government side in the case after I became NIH director, I've never been more pleased by 'losing' in my life," he wrote.

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!