lawfag with critique of this post/notable
>>4932366 Previous research on citizenship and naturalization re Kamala
i can say that when a lawfag passes a bar exam it is because they regurgitate the status quo "unconstitutional law" nonsense that passes for legal analysis for some time now - and this is 100% true with this flawed and misleading analysis - there is NO LAW in the USA - inc. SCOTUS cases that EVER held that the offspring of illegal immigrants are citizens - the Wong case addresses legal residents only and even that is IMO wrong and will be overturned in a fair and balance SCOTUS
here is my post - this has come up many times
lawfag here to weigh in on the plan to eliminate anchor babies - spoiler - i am 1000% in support!
at issue is the 14th amendment to the constitution which provides 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 where they reside.”
The legal key to answer this is the meaning of the second requirement "…subject to the jurisdiction thereof…". This is not to sy that the first requirement (persons born or naturalized in the United States) is irrelevant. Far from it, as the understanding of this clause also bears weight in the legal interpretation of the amendment.
This latter point is straightforward - it was intended to add another basis for citizenship to the common law rule that existed prior to the 14th amendment - that is - that the citizenship of the parent (not their location upon birth) determined citizenship of the child. The purpose of this was to include slaves and Indians (who were not citizens at that time) in order to ensure that their children would be. That said, the 14th amendment also added the express condition that all such persons (children) would ALSO be "subject to the jurisdiction of the United Stated" in order to qualify.
There is certainly NO dispute about the language of the 14th amendment. There is NO dispute that the Congress has passed NO law authorizing anchor babies. And most important, there is NO dispute that SCOTUS has never been asked to rule on the following question that 100% determines this matter:
"Does the 14th amendment's requirement that persons "subject to the jurisdiction of the United State" permit children of (illegal aliens and/or non-citizens with a residence permit) to automatically become US citizens?
I can say that when posed this way the question answers itself with common sense. So far as legal analysis, the issue is the interpretation of "subject to the jurisdiction of the US". As an interesting side note, prior to the 14th amendment, citizenship was defined and determined by STATE laws, not federal.
Congress could had from the beginning attempted to include a defined local birthright rule – whether due to place of birth or parentage – but would have found, just as the Thirty-Ninth Congress had discovered, to be no simple matter as individual States had differing opinions over who should, or should not, be their citizens.
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