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The Great Birthright Citizen Debate

Law Talk With Epstein, Yoo & Cooke

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Birthright Citizenship: Historical Context and Legal Implications

This chapter examines the complex issue of birthright citizenship in the United States, focusing on the 14th Amendment and its historical roots in Supreme Court cases like Wong Kim Ark. It highlights the significance of the phrase 'subject to the jurisdiction thereof' and its implications for citizenship rights, particularly in relation to the Dred Scott decision and post-Civil War America. The discussion also traces the evolution of naturalization laws and their impact on citizenship eligibility throughout U.S. history.

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