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Posted on 04/15/2026 9:41:10 PM PDT by SeekAndFind
Edited on 04/16/2026 6:47:44 AM PDT by Admin Moderator. [history]
As the Supreme Court weighs challenges to President Trump’s executive order limiting automatic citizenship for children of illegal aliens and temporary visa holders, America stands at a constitutional crossroads. If sanity and common sense prevail, the justices will recognize what generations of anti-borders advocates have obscured: birthright citizenship, as currently practiced, was never meant to be a global entitlement.
The 14th Amendment’s Citizenship Clause was a surgical remedy for the unique injustice inflicted on freed black slaves and their descendants — not a blank check for the world’s opportunists. Unless the Court restores its original meaning, this misapplied policy will accelerate the erosion of everything that makes America worth defending.
The historical record is unambiguous. Ratified in 1868, the 14th Amendment’s first sentence — “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens” — was drafted to overturn the Supreme Court’s odious Dred Scott decision, which had declared Black Americans non-citizens.
The clause was drafted to protect a specific group fully subject to American sovereignty — freed slaves who had lived their entire lives under the Constitution’s authority, owed it allegiance, and possessed no competing loyalties to other countries. It was never intended to reward transient foreigners, diplomats, or invaders who enter without consent. The phrase “subject to the jurisdiction thereof” was the escape hatch precisely to exclude those whose primary allegiance lay elsewhere.
Yet today that escape hatch has been welded shut by judicial fiat and politicians with sinister motives. The 1898 Wong Kim Ark decision extended citizenship to the child of legal Chinese immigrants domiciled in the United States — but even that ruling hinged on lawful permanent residence and full subjection to American law, not tourist visas or illegal crossings.
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Wealthy Chinese, Russian, and Middle Eastern elites pay up to $50,000 for “maternity hotel” packages that include apartments, private doctors, and airport shuttles. Their American-born infants receive passports they treat as luxury accessories, while the parents return home to enjoy the strategic option of future U.S. sponsorship, education subsidies, and welfare access.
This exploitation is a moral insult to the legacy of freed slaves.
Prayers for sanity...
Congress reserved their powers exclusively in section 5. Not the President, not the state legislatures, or any state executive. They have the power and need to act. I’m guessing the court will rule against the President on Section 5 and Congress will be too cowardly to do it.
Many of the Amendments to the Constitution, including the Bill of Rights, were written in language and style that is now considered both cumbersome and unnecessarily vague.
If certitude is what we now demand, much of the Constitution itself would require a rewrite.
Correct!
“Congress reserved their powers exclusively in section 5.”
True but there is a much more logical reason for that.
Everybody and their mother hated the decision of the Dred Scott case and everybody blamed SCOTUS for the Dred Scott decision so they wanted to exclude the courts from interpretation after they did such damage.
Which the courts, interpreted anyways and everybody ignores section 5.
The Citizenship Clause of the 14th Amendment, enacted after the Civil War to guarantee that formerly enslaved people were recognized as U.S. citizens, was ratified in 1868, and states: “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”.
It established birthright citizenship, ensuring that almost all individuals born within U.S. territory are automatic citizens, overturning the 1857 Dred Scott decision.
Key aspects of the Citizenship Clause include the Birthright Citizenship (Jus Soli): The clause guarantees that citizenship is granted based on birth on U.S. soil, regardless of the parent’s citizenship status.
“Subject to the Jurisdiction Thereof”: This phrase generally means individuals must be under the legal authority of the United States. The Supreme Court has interpreted this to include the children of non-citizens and undocumented immigrants, with rare exceptions for children of foreign diplomats.
Overturning Dred Scott: It was enacted after the Civil War to guarantee that formerly enslaved people were recognized as U.S. citizens.State Citizenship: It also ensures that a person is a citizen of the specific state where they reside, prohibiting states from restricting citizenship.
Legal Challenges: While long interpreted to include all children born in the U.S., some interpretations, such as Executive Order 14160 issued in January 2025, have attempted to exclude children born to parents who are not lawful permanent residents or citizens.The clause acts as a foundational component of American law, ensuring that citizenship is a constitutional right rather than a privilege, the American Immigration Council notes.
If SCOTUS rules against Trump, which I fully expect them to do, do not grant visas/entry to non-citizen pregnant women. If not obviously pregnant, or the scheme is to get pregnant in this country & stay until the baby is born, make visas short enough they won’t give birth in this country & strictly enforce leaving when expired. With Congress too feckless to act, there has to be some kind of a work around that can be used to protect the country from ‘birth tourism’.
And that is what is needed.
And, all this is why the Article V Convention is so very important.
This can be addressed in that forum. If the convention sees need to advance a proposed amendment, then it will move forward, still subject to ratification.
Liz wrote: ““Subject to the Jurisdiction Thereof”: This phrase generally means individuals must be under the legal authority of the United States.”
I do not believe that is the case, at all. The intention was to recognize some degree of allegiance, not just obeyance.
Two illegal aliens should not be allowed to birth a citizen.
Your guess is 90% likely to happen.
Agree
This exploitation is a moral insult to the legacy of freed slaves.
But the dirty secret is it’s a vote operation guess what party exploits it for personal gain.
And yet our Supreme court is very likely going to screw this up.
We all know the three idiots on the court are gonna vote for this, but the real question is how many of the other six are also going to be idiots?
There are two legal concerns, Amendment XIV and 8 USC 1401.
8 U.S. Code § 1401...:
“The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;”
Congress can change 8 USC 1401, and should.
Why are the leftists not merely relying on Amendment XIV?
Because they know it was meant for the “Africans” of 1868.
“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.”
Funny how the last part seems to get left out in quotes. It means the quoted sentence is retrospective as of the time of ratification and not prospective.
Birth tourism babies typically never reside in the USA.
If by idiots, you mean traitors and enemies domestic in robes, only heaven knows.
The Declaration of Independence hanging on the Oval Office wall can apply to the long train of abuses and usurpations with the Swamp Judicial Branch, too..
“all this is why the Article V Convention is so very important”
Change the welfare laws so benefits can only go to citizen parents.
Make aliens who have children in public schools pay federal income tax on the cost of that education (~$38,000/year/kid in NYC, ~$25,000/kid/year in New Jersey).
Two wrongs make a right I guess
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