Supreme Court upholds principle that almost all born on U.S. soil are American

JWolf74

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Most US citizens became such simply by demonstrating direct lineage to a US citizen parent,.. Birthright citizenship is an alternate path that allows non-citizen parents to create a citizen.
Right.... So someone in your family a certain number of generations back had a child and established citizenship for the child. Why is your family more special than a family who just came here?
 

DailyBuck7

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Mar 4, 2026
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The Supreme Court on Tuesday affirmed the principle that almost everyone born on U.S. soil is a citizen, a major decision that rejects a push by President Donald Trump to fundamentally redefine who is American in ways not seen for more than 150 years.

In a 5-4 ruling, the justices struck down an executive order by the president that said citizenship would not be granted to children born to parents who are in the country illegally or those on temporary visas for work, travel, school or humanitarian reasons.


Trump’s order would have had sweeping political, economic and social ramifications, changing the definition of citizenship in the most significant way since the 14th Amendment guaranteeing citizenship to the formerly enslaved was ratified shortly after the Civil War.
The ruling reaffirms the long-settled understanding that the 14th Amendment automatically confers citizenship on any child born in the United States, with limited exceptions for children of diplomats and other rare cases. The principle was established in a landmark 1898 high court decision that found that Wong Kim Ark, a man born to Chinese immigrants in San Francisco, was a citizen.

A poster shows a picture of Wong Kim Ark at his great-grandson's home in California. In 1898, Wong Kim Ark challenged the U.S. government after being denied re-entry to the country following a trip to his parents' homeland. (Carlos Barria/Reuters)
Solicitor General D. John Sauer told the justices during arguments that granting birthright citizenship to nearly everyone creates a magnet for illegal immigration and “birth tourism” — traveling to the U.S. to have a baby so the child can be a U.S. citizen.

A courtroom sketch depicts Solicitor General D. John Sauer making arguments before the Supreme Court on April 1 with President Donald Trump seated behind him. (Dana Verkouteren/AP)
He also said migrants who take advantage of the United States’ citizenship policy undermine the rule of law.
“We’re in a new world now … where 8 billion people are one plane ride away from having a child who’s a U.S. citizen,” Sauer said.



Sauer’s legal argument turned on a clause in the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof” are citizens.
Sauer said “subject to the jurisdiction thereof” invokes a necessary political allegiance to the United States to be a citizen. He said children whose parents lack permanent residency status cannot demonstrate that fealty because they haven’t committed to staying in the country for the long term.
Cecillia Wang, an attorney for the American Civil Liberties Union, which sued to block Trump’s order, rejected that argument, saying the phrase has long been understood to refer to the children of diplomats and others.

ACLU National Legal Director Cecillia Wang, center, and ACLU Executive Director Anthony Romero, right, outside the Supreme Court building on April 1. (Heather Diehl/Getty Images)
She told the justices that the administration’s reading of the 14th Amendment belied its plain meaning, the court’s holding in United States v. Wong Kim Ark and decades of practice by the government.
“The framers of the 14th Amendment meant to have universal law of citizenship subject to narrow exceptions,” Wang said.

A portrait of American Wong Kim Ark in 1904. (Interim Archives/Getty Images)
As one of the first acts of his second term, Trump issued an executive order in January instructing government agencies to stop issuing citizenship documentation to children born to families without permanent immigration status on or after Feb. 19, 2025.
The administration quickly faced multiple lawsuits over the controversial order.
One of the cases made it to the Supreme Court last year. That case did not deal with the merits of Trump’s birthright citizenship order, but instead examined whether lower federal courts could issue nationwide injunctions. The justices ruled for the Trump administration, limiting the orders that have tied up some of his agenda.



After that decision, the ACLU and other immigrants’ rights groups filed a class-action lawsuit in New Hampshire on behalf of families affected by the order. A federal judge issued a preliminary injunction in the case, but before an appeals court ruled, administration officials petitioned the Supreme Court to take it up.
About 250,000 children would have been born without citizenship in the U.S. each year under Trump’s order, or roughly 5 million by 2045, according to a friend-of-the-court brief filed by dozens of professors. Some would probably have been left stateless because their parents would be unwilling or unable to obtain citizenship for their children in their homelands.

https://www.washingtonpost.com/poli...ailed-smartphone-location-data-justices-rule/


The professors argued that Trump’s order would create a permanent underclass.
“The creation of this caste would disrupt 150 years of intergenerational upward mobility for immigrants and would reverberate broadly through the U.S. economy and society while failing to address actual causes of migration,” they wrote.
The U.S. is one of about 35 countries that have birthright citizenship. Most nations abide by lineage-based rules that mandate parents be citizens or permanent residents for their children to obtain citizenship.

Stupid decision practically but may or may not be justified legally. Premised on old English law, since rejected by English courts, that people are serfs (they belong to the land where they are born). Virtually all countries reject this stupid policy.
 

NoPuntsNoPeace

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So a woman from China can fly to Guam, give birth, return to China, raise the kid in China, and when he/she turns 35, he/she can run for President. Common sense would say this is probably not a smart thing to allow. Too little of that these days.
We elected Trump twice and may elect a non resident to be governor of Iowa….why not let an international resident be POTUS? seems about right…

I don’t have any problem with it at this point. Standards went out the window a long time ago.
 

DailyBuck7

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This. If they were constitutionalists, it should have been 9-0. This is why the Supreme Court needs to be fixed during the next Admininistration. Which Biden could have done but didn't.

edit - and based on some of the discussions today, at least one of the 6 need to evaluated. "guarantees citizenship to all people born or naturalized in the United States. " If you are literally in the hospital and gave birth, that baby was obviously BORN in the US.
". If they were constitutionalists, it should have been 9-0." The greatest Justice of the latter half of the 19th century, Justice Harlan dissented from the original decision. There are many, many reasons that can be argued as to why this decision is constitutionally wrong and it is clearly wrong on practical grounds.
 
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hawkeyetraveler

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What if it was on a plane but in US airspace?

No, seriously asking because there could be serious money in anchor flights.
You are only in the US after you are processed through customs. People who fly from Mexico straight to Canada over US airspace do not “enter” the US. They don’t need a US visa, etc.

I don’t think that is much of an issue here.
 
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Rifler

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Right.... So someone in your did a certain number of generations back had a child and established citizenship for the child. Why is your family more special than a family who just came here?

My primary ancestor from Germany became a naturalized citizen shortly after his arrival in the US, so birthright citizenship didn't really come into play with any of his offspring,... Doesn't make it special.
 

hawkeyetraveler

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My primary ancestor from Germany became a naturalized citizen shortly after his arrival, so birthright citizenship didn't have to come into play with any of his offspring,... Doesn't make it special.
You know the exact date your ancestors became citizens vs when their children were born? You must have some pretty detailed family records. How do you know?

I come from German stock too (among others). I have no idea if the first kids born here were born to citizens or if they were still in the citizenship pipeline.
 
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Rifler

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You know the exact date your ancestors became citizens vs when their children were born? You must have some pretty detailed family records. How do you know?

I come from German stock too (among others). I have no idea if the first kids born here were born to citizens or if they were still in the citizenship pipeline.

I do, but given that my naturalized ancestor came to the US just as the Civil War was winding down we didn't have to reach very far back to locate records...
 
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gohawks50

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Most US citizens became such simply by demonstrating direct lineage to a US citizen parent,.. Birthright citizenship is an alternate path that allows non-citizen parents to create a citizen.
There are a whole lot of immigrants that came here and had children before they were citizens themselves. I bet at least one of you ancestors was born on American soil before their parents were American citizens.
 

UrHuckleberry

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Most US citizens became such simply by demonstrating direct lineage to a US citizen parent,.. Birthright citizenship is an alternate path that allows non-citizen parents to create a citizen.
How did the US Citizen's they demonstrated their direct lineage to, get their citizenship?
 
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gohawks50

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My primary ancestor from Germany became a naturalized citizen shortly after his arrival in the US, so birthright citizenship didn't really come into play with any of his offspring,... Doesn't make it special.
What year did he immigrate?
 

GesterHawk

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How did the US Citizen's they demonstrated their direct lineage to, get their citizenship?
Math Reaction GIF by IFHT Films
 

UrHuckleberry

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lol fair. It felt weird typing it as well, threw in a bad grammar comma just so it could be read more logically.

But there are people who someone in their lineage was a naturalized citizen. But I would guess 90%+ people are just citizen's because they were born to citizens. And can't trace back to someone naturalized.
 
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Torbee

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Very good read on just how egregious the three justices who did not side with the majority are behaving:

The Supreme Court Just Made the Case for Its Own Expansion​

Today’s birthright citizenship ruling wasn't a win for constitutionalism. It was a warning.​

Jonathan V. Last
Jun 30, 2026

“Winning”​

On the one hand, yes, it is very nice that the Supreme Court rejected the Trump administration’s BLATANTLY UNCONSTITUTIONAL order to unilaterally end the constitutional guarantee of birthright citizenship.

This is nice in the same way that it is nice when a person walking past you on the street doesn’t pull out a gun and shoot you.

The Court’s majority followed the Constitution. Yay. Let the celebrations begin. Give each of the six justices in the majority a cookie.

On the other hand: The fact that three justices took the anti-constitutional side of this fight is evidence that the Court itself cries out for reform.


Let’s not play make-believe. There was no “case” here. The Trump administration has lost this argument at every single level. The lower-court judges who heard the case were gobsmacked that the Trump administration would even try to end birthright citizenship via executive order.

It started in January 2025 when a district court judge granted a temporary restraining order blocking implementation of the policy.

“This is a blatantly unconstitutional [executive] order,” Judge John Coughenour said. He was not done:

I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order.
Where were the lawyers when this decision was being made? There are other times in world history when we look back, as people of good will, and say, “Where were the judges? Where were the lawyers?” And frankly, I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order. It just boggles my mind.
Coughenour is not one of your socialist DEI judges—he was appointed by Ronald Forking Reagan.

Six months later, in July 2025, Judge Joseph Laplante, a George W. Bush appointee in the District Court of New Hampshire, granted certification for the class-action lawsuit that would challenge the administration’s policy.


Another version of the case, State of Washington v. Trump, was heard by the Ninth Circuit Court of Appeals. It ruled against Trump as well.1

The majority, upholding a lower court’s injunction, ruled that the lower court had “correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.”

The first time the Trump administration was able to find any judge, anywhere in America, to state that it had the ability to do away with birthright citizenship was when it got to the Supreme Court.

And then it found three of them.


2. Reform​

What does it mean when a third of the Court wants to blow up the Constitution?

If it were just one judge, being weird and acting like a Vulcan, maybe you could argue that the high court always has eccentrics and this isn’t evidence of structural corruption.

But three justices willing to vouch for the necessity of anti-constitutional action on the part of the executive branch?

And now, consider the specific circumstances of those three justices.

One of them, Neil Gorsuch, was appointed by the president he ruled in favor of.

One of them, Samuel Alito, is in the habit of openly lying to the public and the media when he is not ruling from the bench. Oh, and he is alleged to have run a campaign of leaking controversial opinions in an attempt to help shape the political narratives of his preferred party.

And the third, Clarence Thomas, is so nakedly corrupt that the wealth of gifts and emoluments he has received over the years from his ideological patrons beggars belief. (Many of these were not properly disclosed, either.)

Share


In the face of these corruptions, the Court has refused to reform itself. There has been no sanction against Justice Alito for lying to the public.2

There has been no sanction against Justice Thomas for accepting highly questionable gifts—and failing to properly disclose many of them in accordance with the Court’s own protocols.

And now, with these corruptions hanging over the Court, we have three justices issuing dissents that cannot be supported by any reasonable reading of the Constitution. If there were any room for argument on the government’s contention that birthright citizenship could be abolished via executive order then some judge, somewhere, would have found it.

The plain fact is that the only three judges in America willing to make such anti-constitutional arguments were a Trump appointee, a political hack with a history as a liar, and a man who has taken millions of dollars in bennies from conservative donors.

That is the picture of an institution in need of deep, structural reform.

 

gohawks50

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Dec 28, 2010
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I do, but given that my naturalized ancestor came to the US just as the Civil War was winding down we didn't have to reach very far back to locate records...
From 1802 to 1952 it took five years to become a naturalized citizen. Are you sure they didn't have any children the first 5 years after arrival?
 

Rifler

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Jan 26, 2011
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There are a whole lot of immigrants that came here and had children before they were citizens themselves. I bet at least one of you ancestors was born on American soil before their parents were American citizens.

My mother's side,.. But since my father's lineage was naturalized that became the primary and earliest connection to citizenship.
 

GesterHawk

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lol fair. It felt weird typing it as well, threw in a bad grammar comma just so it could be read more logically.

But there are people who someone in their lineage was a naturalized citizen. But I would guess 90%+ people are just citizen's because they were born to citizens. And can't trace back to someone naturalized.
There are only three ways to become an American citizen.

I used the maths gif because it should not be hard to figure out most of our ancestors were birthright citizens.
 
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GesterHawk

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This anti immigration crap by Republicans is so fuggin stupid. What do you think will happen when no immigrants are allowed anymore? Business starts to dry up, innovation dries up, and our population starts to dry up, too.
That is why Elon wants white people to have more babies.
 

baltimorened

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Stephen Miller isn't taking this well.
I suspect this isn't exactly over. Miller and his thugs are going to keep going. Look for the specific targeting of the parents of children with birthright citizenship in an effort to force the parents to self deport, and take their non white kids with them.
that's kind of racist comment isn't it. There are white babies born in the US to non citizens.

Now, on the other hand, non citizens in the country illegally even with a newborn US citizen are eligible for deportation. Does having a US citizen child exempt them? Because, you know that will be the next step for ICE
 

JWolf74

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You know the exact date your ancestors became citizens vs when their children were born? You must have some pretty detailed family records. How do you know?

I come from German stock too (among others). I have no idea if the first kids born here were born to citizens or if they were still in the citizenship pipeline.
I'm a euro mutt mostly but my maternal grandmother was born here to French Canadian immigrants. Close enough I think I can qualify for Canadian citizenship. Pretty happy I have that in my back pocket with the orange idiot in charge.
 

gohawks50

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I believe it was a 6-3 decision...
I think so, but Kavanaugh voted with the majority on different grounds. In his view, Trump’s order “does not violate the Fourteenth Amendment” but does violate a federal law providing that children who are “born in the United States, and subject to the jurisdiction thereof” are U.S. citizens.
 

Jerome Silberman

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So for those keeping score at home, Biden can’t change a federal statute that specifically granted him the power to “waive or modify” the law and regs, but 4 justices today found Trump can change the 14th Amendment via executive order.

Justice Scalia is rolling over in his grave.

@Aardvark86 - thoughts?

You're getting bent out of shape. Probably.
 

GesterHawk

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Cafeteria originalism is the newest rage with the purported conservatives. Fixed meaning when we want to screw the liberals; we can create judicial exceptions when we want to help the cons.

Justice Scalia is STILL rolling over in his grave.

@Aardvark86


George Washington wanted us all to own guns that would have allowed 100 dudes to win the entire Revolutionary War on their own.
 

Aardvark86

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So for those keeping score at home, Biden can’t change a federal statute that specifically granted him the power to “waive or modify” the law and regs, but 4 justices today found Trump can change the 14th Amendment via executive order.

Justice Scalia is rolling over in his grave.

@Aardvark86 - thoughts?
Just got back from hiking trout lake trail haven’t read anything yet
 

DailyBuck7

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Mar 4, 2026
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Very good read on just how egregious the three justices who did not side with the majority are behaving:

The Supreme Court Just Made the Case for Its Own Expansion​

Today’s birthright citizenship ruling wasn't a win for constitutionalism. It was a warning.​

Jonathan V. Last
Jun 30, 2026

“Winning”​

On the one hand, yes, it is very nice that the Supreme Court rejected the Trump administration’s BLATANTLY UNCONSTITUTIONAL order to unilaterally end the constitutional guarantee of birthright citizenship.

This is nice in the same way that it is nice when a person walking past you on the street doesn’t pull out a gun and shoot you.

The Court’s majority followed the Constitution. Yay. Let the celebrations begin. Give each of the six justices in the majority a cookie.

On the other hand: The fact that three justices took the anti-constitutional side of this fight is evidence that the Court itself cries out for reform.


Let’s not play make-believe. There was no “case” here. The Trump administration has lost this argument at every single level. The lower-court judges who heard the case were gobsmacked that the Trump administration would even try to end birthright citizenship via executive order.

It started in January 2025 when a district court judge granted a temporary restraining order blocking implementation of the policy.

“This is a blatantly unconstitutional [executive] order,” Judge John Coughenour said. He was not done:


Coughenour is not one of your socialist DEI judges—he was appointed by Ronald Forking Reagan.

Six months later, in July 2025, Judge Joseph Laplante, a George W. Bush appointee in the District Court of New Hampshire, granted certification for the class-action lawsuit that would challenge the administration’s policy.


Another version of the case, State of Washington v. Trump, was heard by the Ninth Circuit Court of Appeals. It ruled against Trump as well.1

The majority, upholding a lower court’s injunction, ruled that the lower court had “correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.”

The first time the Trump administration was able to find any judge, anywhere in America, to state that it had the ability to do away with birthright citizenship was when it got to the Supreme Court.

And then it found three of them.


2. Reform​

What does it mean when a third of the Court wants to blow up the Constitution?

If it were just one judge, being weird and acting like a Vulcan, maybe you could argue that the high court always has eccentrics and this isn’t evidence of structural corruption.

But three justices willing to vouch for the necessity of anti-constitutional action on the part of the executive branch?

And now, consider the specific circumstances of those three justices.

One of them, Neil Gorsuch, was appointed by the president he ruled in favor of.

One of them, Samuel Alito, is in the habit of openly lying to the public and the media when he is not ruling from the bench. Oh, and he is alleged to have run a campaign of leaking controversial opinions in an attempt to help shape the political narratives of his preferred party.

And the third, Clarence Thomas, is so nakedly corrupt that the wealth of gifts and emoluments he has received over the years from his ideological patrons beggars belief. (Many of these were not properly disclosed, either.)

Share


In the face of these corruptions, the Court has refused to reform itself. There has been no sanction against Justice Alito for lying to the public.2

There has been no sanction against Justice Thomas for accepting highly questionable gifts—and failing to properly disclose many of them in accordance with the Court’s own protocols.

And now, with these corruptions hanging over the Court, we have three justices issuing dissents that cannot be supported by any reasonable reading of the Constitution. If there were any room for argument on the government’s contention that birthright citizenship could be abolished via executive order then some judge, somewhere, would have found it.

The plain fact is that the only three judges in America willing to make such anti-constitutional arguments were a Trump appointee, a political hack with a history as a liar, and a man who has taken millions of dollars in bennies from conservative donors.

That is the picture of an institution in need of deep, structural reform.

Unbelievably, stupid and dishonest article. Democrats just looking for an excuse to pack the court. As I pointed out in an earlier post, the most respected Justice on the supreme Court in the original case, Justice Harlan dissented. The original case was premised on the intellectual Foundation of serfdom. Imagine, if we had legal principles based on black inferiority -- would we keep following those principles even if they have been in effect for a long time.
 
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DailyBuck7

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There are a whole lot of immigrants that came here and had children before they were citizens themselves. I bet at least one of you ancestors was born on American soil before their parents were American citizens.
This is a fake argument. The world was a very different place in the latter half of the 19th century or in the beginning of the 20th century. Maybe there were 50 million people in the United States in 1870. There was no internet, no automobiles for a good portion of this time and much more difficult travel between one country and another. Just because something was done one way in the distant past under very different conditions, does not mean it is the right way of doing things now.
 

GesterHawk

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This is a fake argument. The world was a very different place in the latter half of the 19th century or in the beginning of the 20th century. Maybe there were 50 million people in the United States in 1870. There was no internet, no automobiles for a good portion of this time and much more difficult travel between one country and another. Just because something was done one way in the distant past under very different conditions, does not mean it is the right way of doing things now.
So how do you feel about the Second Amendment?
 

DailyBuck7

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So how do you feel about the Second Amendment?
I am neutral about it mostly. Personally, I don't like being around lots of guns. On the other hand, it is useful for some citizens to have guns. If some people have guns, the government is less likely to be dictatorial.

How do you feel about the supreme Court overruling its previous decision that homosexual Acts would be prosecuted criminally? (Bowers v Hardwick)
 
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Moogy

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This is a fake argument. The world was a very different place in the latter half of the 19th century or in the beginning of the 20th century. Maybe there were 50 million people in the United States in 1870. There was no internet, no automobiles for a good portion of this time and much more difficult travel between one country and another. Just because something was done one way in the distant past under very different conditions, does not mean it is the right way of doing things now.
So, then, you're a "no" on originalism?
 
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ClemsonInAtlanta

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Trump supporters and those who side with Trump are unamerican traitors to our country? No way!

Trump supporters are disgusting subhuman filth