The Court could overturn Wong Kim Ark.
United States v. Wong Kim Ark
Wong Kim Ark is the precedent that makes the great replacement scheme work. This ruling from 1898 is the root of absolute birthright citizenship in the United States. Thanks to Wong Kim Ark, if a pregnant illegal alien walks five feet over the border and then gives birth, that child is a U.S. citizen for life. If a Chinese tourist flies to Saipan and has a baby there, again, U.S. citizen for life.
The justification for this is the 14th Amendment’s Citizenship Clause: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
A detailed look at the 14th Amendment’s legislative history and the debates over similar laws at the time, though, makes it obvious that the authors of the law never intended it to cover the children of foreign nationals illegally in the United States:
The [1866] Civil Rights Act provided the first definition of citizenship after the ratification of the 13th Amendment, specifying “[t]hat all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.” Thus an overwhelming majority of Congress on the eve of the debate over the meaning of the citizenship clause of section 1 of the 14th Amendment were committed to the view that foreigners — and presumably aliens — were not subject to birthright citizenship. Most of those who voted in favor of the act were still serving in Congress when the 14th Amendment was under consideration. In fact, Senator Lyman Trumbull, the author of the Civil Rights Act and chairman of the powerful Senate Judiciary Committee, was an ardent supporter of Howard’s version of the citizenship clause. “The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ . . . What do we mean by ‘subject to the jurisdiction of the United States?’ Not owing allegiance to anybody else.” Not owing allegiance to anybody else, subject to the complete jurisdiction of the United States, and not subject to a foreign power.[5] During debate over the Civil Rights Act, Senator Trumbull remarked that purpose of its citizenship clause was “[t]o make citizens of everybody born in the United States who owe allegiance to the United States.”
[National Review]
Today, the unspoken purpose of illegal immigration is to transform the country, inexorably, by allowing millions of illegal immigrants to enter the U.S. and have children who are instantly United States citizens.
A future Republican administration should directly challenge this travesty of the law, and the Supreme Court should correct it.