'Subject to the Jurisdiction Thereof’: Birthright Citizenship and the Fourteenth Amendment
2025-02-25
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Summary
This hearing investigates the constitutional meaning of the 14th Amendment's birthright citizenship clause, focusing on the original intent of the 'subject to the jurisdiction thereof' phrase. Witnesses argue that the framers intended birthright citizenship only for children of parents with full allegiance to the United States, excluding illegal aliens and temporary visitors. The hearing examines historical context, Supreme Court cases like Wong Kim Ark, and policy concerns such as birth tourism and national security threats. Key participants include legal experts and legislators who assert that current interpretations of the 14th Amendment have been expanded beyond its original intent, with some suggesting that Congress should revise the law to align with its historical understanding and prevent the creation of a 'permanent underclass' of stateless children. The discussion highlights debates over constitutional interpretation, federal authority, and the broader implications for American values and immigration policy.
Participants
Transcript
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