Allegiance or Accident? The Supreme Court and Birthright Citizenship
Legal scholar William J. Watkins, Jr. examines the constitutional history of birthright citizenship and offers his prediction for how the Supreme Court may rule on the challenge to Executive Order 14160.
Is it sufficient for a child to be physically born in the United States to claim citizenship? That is the question the Supreme Court will decide this term. The decision could affect the status of millions, deter or encourage future illegal immigration, and reframe the public’s understanding of what true citizenship entails.
The operative language for the Court’s interpretation is Section 1 of the Fourteenth Amendment:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The language I have italicized is the root of the argument.
Does it mean something as simple as territorial jurisdiction? For example, under international law an American citizen who willfully travels to Moscow is subject to the criminal laws of Russia. (Women's National Basketball Association star Brittney Griner got a lesson in that principle a few years back when she brought cannabis oil into Russia.) Or does the language mean something more?
Timeless reading in a fleeting world.
