There IS no “guarantee of birthright citizenship” in our US Constitution, US Code, Statutory or Case law. There is only bureaucratic history, administrative compliance to issue birth certificates to everyone to rely on for this error in judgment.
The 14th Amendment makes it CLEAR that, ONLY children of US Citizens, or those otherwise under the jurisdiction of our Constitution (those living in territories, on reservations, etc) NOT of a foreign country are born as US citizens.
This is SO simple it’s why the founders and congress left it alone; it wasn’t codified until the 1860’s AFTER the war between the states was settled.
“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.” - 14th Amendment
Children born of parents who are NOT “subjects” (as in “subjects of the crown” - CITIZENS) can NOT BE citizens themselves by “birthright.”.
That pesky little coordinating conjunction “and” certainly does confuse people, especially the semiliterate and agenda-driven lawyers and jurists today and for several decades past who haven’t understood a WORD of our US Constitution much less really read it in the context of its writing.
For reference: Coordinating Conjunctions
“And” is a coordinating conjunction used to join words, phrases, or clauses that are of equal importance and grammatical structure. It is one of the seven coordinating conjunctions in English, which can be remembered using the acronym FANBOYS (For, And, Nor, But, Or, Yet, So).
In the words of Supreme Court Justice Antonin Scalia (RIP) “The constitution says what it says and doesn’t say what it doesn’t say.”
Does NOT exclude children of illegals born here from birthright citizenship. It’s very clear.
OK. I’ll tell my story again.
I had two grandfathers who were registered for the draft in 1917. They got a card which designated their citizenship as one of three possibilities: Natural Born, Naturalized, or Alien.
Grandfather 1 was born in Brooklyn NY in 1893 to parents who were subjects of the Emperor of Germany.
Grandfather 2 was born in Connecticut in 1895 to a father who was a subject of Her Britannic Majesty Victoria Alexandrina, Queen of the United Kingdom of Great Britain and Ireland; and to a mother who was a subject of the Emperor of Germany.
Neither of my grandfathers applied for naturalization. When grandfather 2 went “home” to Ireland at age 13, with his mother and no passport, on return to NY a port officer questioned his nationality and he was determined by officials there to be a US citizen.
The War Department in 1917 assigned both of them “Natural born” citizenship status.
Does anyone here think that was incorrect? If it was incorrect, why was it incorrect?