Cutting the Gordian Knot of Birthright Citizenship
There can be no perfect interpretation of the Citizenship Clause. But there is a best one: A child is born “subject to the jurisdiction” of the United States when his or her parents are in allegiance to the US—either US citizens or non-diplomat foreigners from friendly countries legally in the United States.
Why Issues of Birthright Citizenship Are So Difficult
What makes this issue so difficult is that all the major positions have evidence to support them.
How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship
Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”
Understanding the Constitution: the 14th Amendment: Part I
This two-part essay is a primer on the longest amendment ever adopted—the 14th.
About birthright citizenship
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
Rob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship"
How the Constitutional Case Against Citizenship for Children of Illegal Entrants SHOULD Be Argued
This is a corrected version of an article originally appearing at the American Thinker website. It is the third of a three-part series. In two prior postings (here and here), I listed flaws in the constitutional arguments of opponents of birthright citizenship for children of aliens living here illegally. For children to be American citizens […]
Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates
An earlier version of this article first appeared in The American Thinker. Opponents of birthright citizenship often cite fragments of the congressional debate over the Fourteen Amendment’s Citizenship Clause to argue that the amendment’s drafters intended to exclude the children of visiting foreigners. However, reliance on these fragments is a mistake. Opponents of birthright citizenship […]
An Objective Guide to Birthright Citizenship
An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely […]
