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Posted on 12/10/2025 2:25:18 PM PST by where's_the_Outrage?
On Friday, the Supreme Court announced that it would hear challenges to President Donald Trump’s executive order to end birthright citizenship. The 14th Amendment automatically makes all babies born on American territory citizens. Trump’s effort to overturn the traditional reading of the constitutional text and history should not succeed.
Ratified in 1868, the 14th Amendment provided a constitutional definition of citizenship for the first time. It declares that "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." In antebellum America, states granted citizenship: they all followed the British rule of jus soli (citizenship determined by place of birth) rather than the European rule of jus sanguinis (citizenship determined by parental lineage). As the 18th-century English jurist William Blackstone explained: "the children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such." Upon independence, the American states incorporated the British rule into their own laws.
Congress did not draft the 14th Amendment to change this practice, but to affirm it in the face of the most grievous travesty in American constitutional history: slavery. In Dred Scott v. Sandford (1857), Chief Justice Roger Taney concluded that slaves — even those born in the United States — could never become American citizens. According to Taney, the Founders believed that Black Americans could never become equal, even though the Constitution did not exclude them from citizenship nor prevent Congress or the states from protecting their rights.
The 14th Amendment directly overruled Dred Scott. It forever prevents the government from depriving any ethnic, religious.
The only way to avoid this clear reading of the constitutional text is to misread the phrase "subject to the jurisdiction thereof."
(Excerpt) Read more at foxnews.com ...
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This is crap! The 14th was written to ensure that the freed slaves were US citizens. What we have today is a totally made up farce.
You are correct. That amendment does not have ANY wording that would give credibility to “birthright citizenship”.
Well thats just wong, John so F Yoo.
Exactly!! The 14th Amendment specifically dealt with people who were brought to this country against their free will. Illegals, who of their own free will, break the law to come here, jumping ahead in the line, and walking over the backs of their own countrymen that have been standing in line waiting to enter legally, are not, and should not, nor even their unborn children, be considered qualified for citizenship under the 14th Amendment.
No.
It doesn't.
This is the Holy Grail of democrats winning elections.
Get rid of it and they’ll wander the desert for 40 years.
They know that.
The 14th Amendment automatically made all former slaves and indentured servants citizens, nothing more.
What an ignorant man this writer is.
Crock of crap.
Even Native Americans weren’t automatically included in the 14th Amendment’s birthright citizenship (due to their unique sovereign status) but gained it through the Indian Citizenship Act of 1924, making all Native Americans born in the U.S. citizens by federal statute, separate from the amendment’s original scope. While the 14th Amendment intended to grant citizenship to all born in the U.S., it excluded Native Americans as they were seen as members of separate nations, but the 1924 Act resolved this by granting them full citizenship, securing their rights.
That is NOT a foregone conclusion.
Did any of you actually read the whole article?
Actually that’s not what it doesn’t all. 🙄
Even Native Americans weren’t automatically included in the 14th Amendment’s birthright citizenship (due to their unique sovereign status)
Otherwise, there is no reason to include, “subject to the jurisdiction thereof” in the 14th Amendment.
This is an important point that many miss.
Exactly right! It really hacks me off that the Dems have twisted the 14th into knots to get anchor babies to win elections.
And it’s not just illegals. Any pregnant woman can visit the USA, give birth, and her kid is a US citizen. Then, when the kid reaches majority, the whole family can come here. The whole thing is a sordid corruption of common sense.
Based on my quick research, the word "naturalized" almost certainly means having gone through a process that confers citizenship (e.g. "application for citizenship" followed by taking the oath of citizenship).
I would like for the 14th to mean otherwise, but it was probably passed at a time when the US needed more headcount.
There is other language in the 14th, however, that nullifies the voting rights of criminals. That should cover all illegal immigrants, and apparently a high percentage of Democrats.
Birthright Citizenship Is American Citizenship
Willful ignorance, not true ignorance.
JMO, YMMV
The amendment was written for former slaves. Applying to anyone else is tenuous at best
The Supreme Court won’t overrule the previous decisions since both parties support the Great Replacement
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