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The 14th Amendment was never meant to legalize the birth of illegal aliens in this country. It was a (very sloppily written) effort to provide legal equality to freed slaves even as the language left behind the dangerous loophole that became birthright citizenship.
We know exactly what Section 1 of the 14th was aimed at. “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” was meant to protect the civil rights of freed slaves. It did not mean that anyone who happened to give birth in this country automatically made their kid a citizen.
This entire section is about the Dred Scott Case. Specifically…
“A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a “citizen” within the meaning of the Constitution of the United States.”
“When the Constitution was adopted, they were not regarded in any of the States as members of the community which constituted the State, and were not numbered among its “people or citizen.” Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being “citizens” within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit.”
Birthright Citizenship then took this ruling meant to assert the rights of black slaves who were born here to argue that a Chinese tourist’s baby has American citizenship. Even though again the purpose of Section 1 is crystal clear.
And we once again know the original intent.
Birthright Citizenship in Section 1 was proposed by Senator Jacob Howard of Michigan who stated 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.”
No ambiguity there.
Birthright citizenship was later created with United States v. Wong Kim Ark which insisted that citizenship came from the place of birth regardless of the legal status of the parents.
It’s time now to undo it.
Undo it and make void all who acquired citizenship that way as well as family members who used it as an anchor. The repercussions will be more manageable if we do it now. People can re-apply and wait in their countries of origin or choice. Just not here.
President Trump wants to do it but not even he could get Congress to amend the constitution.
Congress doesn’t have to amend it. The supreme Court needs to overturn the US vs Wok case from 1898 that actually created “birthright citizenship for people regardless of their immigration status. The amendment is fine as it is. It’s the scotus that needs to overturn it – just like they did Roe v Wade. It’s totally doable with this current court.
You are correct.
But it’s easier said than done.
Even if Scotus makes the correct decision,
Will Justice Roberts finally inform his district judges that they are NOT the President of the USA? I doubt it.
And the Left does not have to ‘win’ this issue. They only have to stall until they can steal another election.
If they get back into power, we can put a fork in it.
And with Vance as the candidate they may very well win. And I and others may be helping them do so even though we’d rather not be. But that’s a choice that’s no choice.
Its too late for citizenship issues.
Only a revolution, aka to alter or to abolish government can save us now.
There are a lot of issues congress should not have to get involved in, but has to, because someone twists the words of the the law to say what they want it to.
That’s one good way to get around the corrupt D-Bags in Congress, who stupidly want as many immigrants as possible because they assume they’ll all vote Dirtbagocrat. Of course they’ll turn America into a Third World shithole as soon as enough of them here.
Fraudsters come to USA in order to have their children born here, so that they will become American citizens.
It is obvious this LAW was not meant for aliens. This case will demonstrate whether the SCOTUS is interpreting the constitution, as they were designed to do, or legislating from the bench, illegally.
The Constitution also puts immigration policy in the hands of the Congress, NOT the President. I think an ideal ruling by the Supreme Court would acknowledge that the 14th Amendment does not include the children of illegal aliens but would require the Congress to legislate (or not). Just as the Court should not be legislating from the bench, the President should not be legislating from the Oval Office. I think it is dangerous for the President to legislate via Executive Order. I like Trump but there have been lots of Presidents I did not like and there likely will be more in the future. I don’t want to hand them this sort of power.
Every EO by Trump is constitutionally sound.
And desperately necessary>
Loser talk.
All Demokkkrats have been ruling by EO over my lifetime.
Complaining that Republicans also do it, as if that is something new to Trump, is hopelessly naive.
If Trump fails to find sufficient means to deport the illegal, criminal invaders, NOW …
White, Christian, Law-abiding, Hard-working, Property-owning, Bill-paying Americans, and anyone else legally resident who fits one of those categories
will have to decide whether to survive the ensuing chaos, flee to another country (eg Israel), or go down in a blaze of inglorious violence.
We are very close to living in a 3rd world nation NOW.
Waiting for niceties and proceeding according to Robert’s Rules of Order and (s)elections run by Demokkkrats …
… is how we got here in the first place.
Trump would NEVER have been NECESSARY,
if Congress and the Courts had followed existing law and traditional procedures.
It’s like telling a fireman arriving at an apartment block – full of victims – with a five alarm blaze going …
… to knock politely at each door …
and negotiate with any lunatic running around with gasoline.
Disgusting.
Presidents are always going to issue Executive orders. As of July 20th, 2025, there have been 14,317 Executive Orders issued since 1907, when they first began to be counted, Who knows how many were issued in the 118 years prior?
From: “Raking In Hundreds Of Millions For Trafficking Kids Destroys U.S. Catholic Bishops’ Credibility On Immigration” by Maureen Mullarkey Dec 5/25 thefederalist.com:
“Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc. crooned ‘As we enter the Advent season, we remember that the Holy Family themselves were migrants seeking safety.’ It is a recurring motif to validate the resistance of the U.S. Conference of Catholic Bishops (USCCB) to curtailment of illegal immigration.
The USCCB promotes a secularized version of love of neighbor that encourages law-breaking by ‘the poor’ — a collective abstraction endowed with quasi-sacramental aura. In the Judeo-Christian moral system, neighbors do not steal from each other. But ideologues of a fabricated ‘preferential option for the poor’ rephrase the battle cry of liberation theology as social justice. Only one side is obliged to act as neighbor. The other is entitled to take what it can.”
Question from a non-Christian: How can the “holy family” have been migrants if they returned to their home directly after travelling for a one-time census taking? Or has the catholic church changed the story from the one presented in the movie Ben Hur? Is logic heretical? Callous and pompous Christian “charities” are killing our society for NGO money and self-righteous strutting and crowing. Sickening parasites. How to stop them is the question.
Like you wrote, Anna Gallagher is no Christian. And Joseph and Mary never left Israel, so they weren’t migrants.
You may want to actually read the essay you linked to, “And we once again know the original intent.” It most assuredly argues, rather successfully, that ” that a child born in the U.S., but to alien parents, is nevertheless entitled to birthright citizenship under the Fourteenth Amendment.” and that “nothing in text or history suggests that the drafters intended to draw distinctions between different categories of aliens. To the contrary, text and history confirm that the Citizenship Clause reaches all persons who are subject to U.S. jurisdiction and laws, regardless of race or alienage” and clearly, unless you are “children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes
owing direct allegiance to their several
tribes. …” you are entitled to citizenship.
literally
“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.”
Nothing in history? How about the fact that at the time the 14th Amendment was ratified that Native Americans were not included as citizens? They were not given citizenship until decades later by an Act of Congress.
indeed
they were not under the jurisdiction, thus legal authority, of the U.S. government
The 14th amendment wasn’t legally ratified.
Absolutely correct, but in a lawless country, like the one we have now., I”m afraid no one cares.
You’re full of shit. And why do you want America to be littered with human refuse? Do you want it to be a Turd World county?
Scumhole.
Ho Hum-Another important matter that can be resolved by our do nothing congress and senate and of course won’t
be. Unless some extravagant, expensive, useless addition to the bill is passed with it!
Thank you Professor Dan. This is a concise and powerful expiation of the 14th Amendment..
I posted it on Substack with of course FPM hyperlink.
https://open.substack.com/pub/trumanbutterfield/p/the-senator-responsible-for-birthright?r=8tnxg&utm_campaign=post&utm_medium=web
Fun fact: the 14th Amendment wasn’t never legally ratified to begin with.
There is not one single part of the U.S. Constitution allowing Illegal Aliens(Future Democrat Voters & Supporters)from crossing the Borders and gaining automatic Citizenship nor is there anything that allows for them to set up a living space on Private Property
The 14th Amendment may or may not have been “sloppily written”–but it is crystal clear and utterly undeniable that the clause “and subject to the jurisdiction thereof” makes the concept of absolute birthright citizenship null and void.