7min chapter

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By Accident of Birth (2022)

Throughline

CHAPTER

The Arguments of Holmes Conrad on Birthright Citizenship

This chapter explores the arguments made by Holmes Conrad, on behalf of the United States government, regarding the 14th Amendment and its implications for birthright citizenship. Conrad claims that the Amendment only grants citizenship to those born in the United States and subject to its jurisdiction. He argues that Wong Kim Mark, a Chinese immigrant, does not meet this criteria because his parents were loyal to the emperor of China and therefore he was not subject to the jurisdiction of the United States. Additionally, Conrad controversially asserts that the 14th Amendment itself is unconstitutional, arguing that the South was coerced into ratifying it during the Reconstruction era.

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