The Stephen Mansfield Podcast Fixing Birthright Citizenship
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Nov 5, 2025 Explore the complexities of birthright citizenship as the discussion delves into its historical roots in the 14th Amendment. Unpack the original context and intentions behind unconditional citizenship, juxtaposed with 19th-century interpretations. Discover landmark court cases like Wong Kim Ark that shaped current laws. The conversation extends to the implications of birth tourism and advocates for a balanced immigration policy that upholds citizenship's value while addressing modern challenges.
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Original Scope Of The 14th Amendment
- Stephen Mansfield argues that the 14th Amendment's phrase "subject to the jurisdiction thereof" was narrower in intent than modern jus soli interpretations.
- He suggests the Amendment aimed to secure citizenship for freed slaves and those loyal after the Civil War, not all born on U.S. soil.
Early Law Excluded Foreign Allegiance
- Mansfield notes the 1866 Civil Rights Act excluded those "subject to any foreign power," indicating original limits on birthright citizenship.
- He claims courts later shrank that phrase to the broader "subject to the jurisdiction" used today.
Historical Government Denials
- Mansfield cites historical examples where the U.S. government denied citizenship despite birth on U.S. soil, including Native Americans until 1924.
- He references Secretary of State opinions from the 1880s denying citizenship to children of foreign nationals.
