Change My Mind

The 14th amendment was passed during reconstruction.
In Dred Scott v. Sanford (1857), the Supreme Court held that African Americans were not U.S. citizens, even if they were free. However, the Fourteenth Amendment overturned Dred Scott by guaranteeing that everyone born or naturalized in the United States and under its jurisdiction is a United States citizen. It also ensured that federal citizenship was also made primary, which meant that states could not prevent freed slaves from obtaining state citizenship and thus federal citizenship. As such, the Fourteenth Amendment effectively overturned Scott v. Sanford.

The issue of "birth right citizenship" is with the interpretation of the beginning clause of the 14th amendment: "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 wherein they reside."

Illegal aliens are not subject to the jurisdiction thereof, because they are citizens of another country. This clause has been loosely interpreted for decades, but by a strict adherent interpretation, an illegal alien giving birth to a child in the U.S. does not automatically make that child a U.S. citizen.

Tom Fitton
@TomFitton

I am increasingly of the opinion that the Supreme Court will ultimately uphold President @RealDonaldTrump's Executive Order on "birthright" citizenship. President Trump's interpretation is consistent with the Constitution, federal law, and legal precedent:

The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Lot of ignorant people who just mouth the MSM rhetoric... it fuels their TDS

I have a theory our taxes have been the bills at cnn, msn, ABC, etc.... I think it's about to be cut off. They're gonna be closing some doors.