A Brief Review of Nationality Law

The Post Email Newspaper ^ | 20 Mar 2026 | Leonard Daneman

[CDR Kerchner]

(Mar. 20, 2026) — Author’s Note: If parents have existing foreign citizenship, the 14th Amendment ‘born in the United States’ citizenship at birth clause DOES NOT APPLY to their children. WHY? Because the child already has the citizenship of their parents. The 14th Amendment was drafted from the 1866 Civil Rights Act to ‘cure’ stateless children whose parents had no nationality to confer, NOT to create ‘dual’ or ‘hybrid’ citizens which is a Conflict of Law.

Modern nationality law began in the 1700’s, changing with the age of exploration, colonization, and the decline of feudal monarchies.

The jus feudalis ‘feudal’ law of jus soli (law of the soil) was replaced with jus sanguinis (law of blood), and this new standard was adopted by the United States, Great Britain and France.

A significant case relying on the jus soli, place of birth citizenship applied in common law, was the 1789 ‘Case of Mr. Smith,’ argued by James Madison. Madison won his case, that a colonial born child who grew up in England, his parents never allegiant to the United States, could claim the right to political office only for the fact he was born in one of the colonies, i.e., native-born. His opponent argued that he and his parents never naturalized or declared allegiance to the Declaration of Independence, as they were living in England. https://paraleaglenm.com/2011/04/29/the-first-eligibility-case-1789/ ... continue reading at: https://www.thepostemail.com/2026/03/20/a-brief-review-of-nationality-law/

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TOPICS: Chit/Chat; History; Military/Veterans; Miscellaneous
KEYWORDS: 14thamendment; birthright; citizenship; nationalitylaw

[CDR Kerchner]

Quotable Quotes: The chief author of the 14th Amendment, Sen. John A. Bingham, wrote: “Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866) ... see more quotes regarding citizenship, citizenship kinds, and allegiance at: https://cdrkerchner.wordpress.com/2024/06/14/quotable-quotes-re-citizenship-kinds-allegiance-and-the-presidential-eligibility-clause-in-the-united-states-constitution/

[spintreebob]

Child has the citizenship of their parents. Not always. Some nations say yes. Some say no.

[Dick Bachert]

[deport]

Big News on Comprehensive Immigration Reform - Eric Swalwell
swalwell.house.gov › big-news-comprehensive-immigration-reform

As a staunch advocate for comprehensive immigration reform, there are some important developments taking place in Washington that I want to share with you.

This week, the Senate passed comprehensive immigration legislation. I support the Senate’s bipartisan bill, which provides a pathway to citizenship for the 11 million undocumented immigrants currently living and working in our country, secures our borders and allows high-skilled workers educated in the U.S. to stay here, innovate here, and contribute to our economy.

https://swalwell.house.gov/big-news-comprehensive-immigration-reform