What About Birthright Citizenship?

Who thought five little words — “subject to the jurisdiction thereof” — could spark a national debate of presidential, not to mention constitutional, proportions? As 16 Republican contenders try to one-up each other on immigration platforms while striving to be as popular as the 17th, Donald Trump, this lexical quintet from the 14th Amendment is taking center stage.

At issue is so-called “birthright citizenship” for babies born on U.S. soil to illegal aliens. Section 1 of the 14th Amendment states, “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.”

In the land of constitutional make believe, this amendment has been misinterpreted through practice and even court precedent to mean if a pregnant woman manages to sneak across the border just in time to deliver stateside, her child lucks out and wins U.S. citizenship, all rights and privileges thereof accompanying.

While such birthright citizenship has stirred debate before, Trump’s recent declaration, coming as part of his immigration plan, that he would end birthright citizenship, has brought this melting pot to a boil.

His position should not cause shock, however, as birthright citizenship for illegal aliens is nowhere conferred in the Constitution. If anything, the 14th Amendment and surrounding context provide compelling evidence that the Constitution actually denies such citizenship.

As we’ve noted before, the 14th Amendment emerged from the Civil Rights Act of 1866, which was designed to guarantee equal rights to former slaves. To ensure this Act wouldn’t be upended by a future Congress, legislators proposed adding its provisions to the Constitution. Central to the Amendment is the provision that citizenship is limited to those not simply born or naturalized in the U.S. but also “subject to the jurisdiction thereof.”

What does this clause mean?

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