Business Insider misleads its readers on birthright citizenship

Madison Hall writes:

“As granted by the 14th Amendment, which was ratified in 1868, anybody born in the United States is guaranteed citizenship. The right was affirmed thirty years later by the Supreme Court, which ruled that Wong Kim Ark was legally an American citizen after being born in the US, despite having Chinese-born parents who were barred from becoming citizens due to the Chinese Exclusion Act.”

Madison Hall ignores the qualifying condition stated in the 14th Amendment, i.e., ". . . and subject to the jurisdiction thereof . . . " And, she relies upon Wong Kim Ark which is not applicable to the question of citizenship being granted to a child born on American soil, to an illegal entrant foreign national.

The factors involved which led to the court’s opinion in Wong were:

(1)Wong Kim Ark’s parents were in our country legally;

(2) had been settled in American for quite some time;

(3) the parents had a permanent domicile and residence in the United States;

(4) they were carrying on a lawful business;

(5) and the parents were not employed in any diplomatic or official capacity under the emperor of China at the time of Wong Kim Ark’s birth.

After the above facts were established by the Court, Justice Gray then stated with regard to Wong Kim Ark’s question of citizenship :

For the reasons above stated (which apparently in the judges’ mind, met the qualifying criteria, “and subject to the jurisdiction thereof”), the court was of the opinion that the question must be answered in the affirmative.

The simple truth is our Supreme Court has never, in its entire history, decided a case questioning whether or not a child born to an illegal entrant foreign national, while on American soil, is granted citizenship by the terms of the 1st Section of the 14th Amendment. And this is what both Trump and DeSantis are addressing.

Aside from that, one of the few times the Court did approach answering the qualifying condition, “and subject to the jurisdiction thereof” was in the Slaughterhouse Cases 83 U.S. 36, 73 (1873) . The Court wrote “[t]he phrase, ‘subject to its jurisdiction’ was intended to exclude from its operation children of … citizens or subjects of foreign States born within the United States .”

And how does a foreign national become subject to the jurisdiction of the United States under which birthright citizenship would apply? By taking our nation’s Oath of Allegiance.

See our Naturalization Oath of Allegiance to the United States of America

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

Also see Elk v. Wilkins (1884) in which our S.C. points out:

“The main object of the opening sentence of the 14th Amendment was … to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States … The evident meaning of (the words, “and subject to the jurisdiction thereof”) is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. … Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterward, except by being naturalized…”

Finally, the best evidence regarding the question is to be found in the Congressional Record when the 14th Amendment was framed and debated.

John A. Bingham, considered the architect of the 14th Amendment remarks on March 9th, 1866, during Congressional debates upon the intended meaning of “jurisdiction” in the following manner:

I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen… LINK (middle column 1/3 down)

Later, May 30th, during the debates when framing the 14th amendment and after the question was repeatedly asked as to who is and who is not a citizen of the United States, Mr. TRUMBULL responds as follows:

The provision is, that “all persons born in the United States, and subject to the jurisdiction thereof, are citizens.” That means “subject to the complete jurisdiction thereof.” . . . “What do we mean by “subject to the jurisdiction of the United States?” Not owing allegiance to anybody else. That is what it means.” LINK 1st column halfway down.

Mr. Trumbull later [same page] emphasizes in crystal clear language that: “It cannot be said of any Indian who owes allegiance, partial allegiance if you please, to some other Government that he is “subject to the jurisdiction of the United States”

Business Insider needs to clean up its act and end perpetuating a myth.

JWK

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Been here so many times before. The fact is right now children born in the United States are citizens. They get to vote, get a US passport etc.

You can quote as much as you want but none of that changes the reality that children born here are citizens.

Oh, look. This thread again.

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Yeah, this is all familiar from birtherism, isn’t it?

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If masses of people were not in the US illegally, birthright citizenship wouldn’t even be a big thing. Get control of people being in the US illegally and you don’t even really have to be too concerned about it.

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We are not talking about your generalized comment, that children born in the United States are citizens. We are talking about a child born on American soil to an illegal entrant foreign national.

I’m not sure what your post has to do with the specifics of the OP, but once again, you show your desire to ignore our Constitution, and particularly the narrow and limited legislative intent of the Fourteenth Amendment.

JWK


The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.
_____HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)

They are citizens. End of story.

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And potentially if this were to be challenged then the SCOTUS could change that just like Roe v Wade.

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Except that birthright citizenship is clearly within the four corners of the Constitution, in plain English.

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Not according to what the Supreme Court has already stated with reference to the qualifying words ". . . and subject to the jurisdiction thereof . . . " see Slaughterhouse Cases 83 U.S. 36, 73 (1873) and Elk v. Wilkins (1884)

Also see the Congressional Record, when the Amendment was framed and debated, which confirms ". . . and subject to the jurisdiction thereof . . . " excludes birthright citizenship to a child born to a foreign national while on American soil.

The bottom line is, you offer nothing more than an unsubstantiated opinion.

JWK

until that time the precedent is established.

you really think that birthright citizenship will be stripped by SCOTUS opinion.

it wont happen.

Allan

it a clear precedent, John.

nothing you can write will change that.

birthright citizenship (jus soli) is the law of this great land.

Allan

See Slaughterhouse Cases 83 U.S. 36, 73 (1873) and Elk v. Wilkins (1884) for what the Supreme Court has already stated regarding ". . . and subject to the jurisdiction thereof . . . "

You offer nothing but unsubstantiated opinion.

For children born on American soil to an illegal entrant foreign national? A RESOUNDING YES!

United States v. Wong Kim Ark (1898) precedent supersedes those cases.

clearly Wong Kim Ark was born in the United States and therefore is a citizen.

so say SCOTUS.

Allan

and never will. its a red herring. not a chance that SCOTUS will ever remove citizenship from a citizen.

Allan

Hence the need for the term “anchor babies”? :face_with_raised_eyebrow:

anchor babies is a pejorative term.

the correct term is citizen baby.

Allan

What do you think that phrase means?

See Slaughterhouse Cases 83 U.S. 36, 73 (1873) and Elk v. Wilkins (1884) for what the Supreme Court has already stated regarding the meaning of ". . . and subject to the jurisdiction thereof . . . "

Also see the Congressional Record when the 14th Amendment was framed and debated. For example, Senator Howard answers your question as follows:

"Mr. HOWARD: I now move to take up House joint resolution No. 127.
The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H.R. No. 127) proposing an amendment to the Constitution of the United States.

The first amendment is to section one, declaring that all “persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” LINK