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.
