Is the Syria Deal Unconstitutional?

News outlets have reported that U.S. and Russian negotiators reached an agreement about future military operations in Syria, including a (very optimistic) “cease fire” between the Syrian government and the rebels.  Obviously, this deal is not going to be submitted to the U.S. Senate for its advice and consent.  Does that make it potentially unconstitutional, like the nuclear deal with Iran and the Paris climate agreement?

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The Constitution and Birthright Citizenship

The short version is this: The first sentence of the Fourteenth Amendment conveys U.S. citizenship on all persons “born … in the United States and subject to the jurisdiction thereof.” Obviously we are talking here about persons “born … in the United States.” Thus the children of illegal aliens are not U.S. citizens only if they are not “subject to the jurisdiction” of the United States.

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Julian Ku on the Constitution and the Iran Deal

At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”.  Even the UN Security…

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