This case will certainly go before the Supreme Court, and however it is decided, the case will carry implications that will affect American immigration policy for many years — and if the court finds for the plaintiffs, we should note that ending birthright citizenship will require a constitutional amendment. A lot is riding on this for both sides.

Birthright citizenship is generally not the rule in most of the world, but in the Americas, it seems to be widely accepted; Canada, Mexico, Brazil, and indeed most of the New World seem to have some form or another of birthright citizenship. We should note, though, that most of these countries aren't beset with millions trying to gain illegal entry to take advantage of these policies. //

WilliamRD
7 hours ago
Indians and their children didn't get citizenship until 1924 when congress passed the Indian citizenship act. . There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth, and no matter who their parents are.

Snowblind WilliamRD
6 hours ago
Except Indians born on a reservation are not born in the US.

Snowblind WilliamRD
2 hours ago
But they were sovereign nations unto themselves at the time the 14th was ratified.

The Indian Appropriations Act of 1871 ended that, but again, at the time of the 14th amendment they were not. //

Mike Ford
5 hours ago edited
"...subject to the jurisdiction thereof,..."
Jurisdiction thereof has TWO components:

1. Legal jurisdiction and;

2 Sovereign Jurisdiction or citizen allegiance.

If my buddy Ward goes to Germany and walks into the Hürtgen Forest with his trusty guide gun and attempts to get himself a boar, the Politzi will arrest him.

1. He will be charged under German Law, which has legal jurisdiction over that act in Germany (and he also may be subject to U.S. law (especially if he is a Soldier and outside SOFA boundaries)).

2. He will NOT lose his citizenship...ie, the U.S. retains SOVEREIGN jurisdiction over him.

Now...let's take a Colombian couple who dash across the border and evade ICE. She (not he..."he's" can't do that) drops a baby on U.S. soil. The baby is a Colombian citizen. Period. Full Stop.

Why? Because the couple and the baby are not subject to the full/complete (legal AND sovereign, jurisdiction of these United States.

This issue has been made needlessly complex by leftists and their lawyers.

It's time to end this travesty...by specific legislation or a SCOTUS decision that defines a U.S. citizen as anyone who is born to at least one parent who is a U.S. citizen on the date of that birth.

I'm sorry for the bad acts of Democrats that have resulted in children who were born here and know no other country. That ain't our problem.

Send their parents and them back to country of origin. If they want to come here, get in line like the mother of my children, my sisters-in-law (from Central America) and a brother-in-law from Austria...all of whom own businesses,, employ folk and pay way too many taxes.

This isn't hard. We are making it so. //

MN-Gal2022 ConservativeInMinnesota
6 hours ago
Hey!

i think it was you who had posted some context from the authors of the amendment.

If I recall correctly they specifically said this did not apply to those here illegally.

do you still have the text of that explanation?

ConservativeInMinnesota MN-Gal2022
2 hours ago
It was. Here it is for reference:

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.

What it means in the words of Senator Jacob Howard who co-authored the 14th Amendment:

This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.

What it means in the words of Senator Trumbull who co-author the 14th Amendment on the “subject to the jurisdiction”:

not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States. //

David135
5 hours ago
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens....

If being born on USA soil was sufficient, the line would simply be....
All persons born or naturalized in the United States are citizens..

Obviously, "and subject to the jurisdiction thereof" means something besides the accepted understanding of birthright citizenship.

John Q. Public David135
4 hours ago
People trying to suggest that they wasted the ink and calligraphy on that line for absolutely no reason are insane.