Mises Institute The Problem with "Birthright Citizenship"
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Jan 28, 2025 Explore the evolving interpretation of birthright citizenship in the U.S., highlighting historical perspectives from the 1870s to the 1920s. Discover the meaning of 'subject to jurisdiction' in the context of the 14th Amendment and how political allegiance plays a role. Delve into philosophical debates that challenge the notion that being born on U.S. soil automatically grants citizenship, raising questions about the connection between citizenship and property rights. It's a thought-provoking journey through legal history and modern implications.
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Birthright Citizenship Misconception
- Many believe the 14th Amendment mandates birthright citizenship for anyone born in the U.S.
- This is a misconception; the original meaning has been reinterpreted over decades.
Jurisdiction Clause
- The 14th Amendment states citizenship is for those "born or naturalized in the United States and subject to the jurisdiction thereof."
- The meaning of "subject to the jurisdiction" is debated; it relates to political allegiance, not simply being present in the U.S.
Historical Context of the 14th Amendment
- The 14th Amendment's language comes from the 1866 Civil Rights Act, meant to grant citizenship to former slaves.
- Historical court rulings confirm this, stating the amendment aimed to exclude children of foreign officials born in the U.S. from citizenship.