Ruling expected this week.
HERE IS WHAT NOBODY IN THE MAINSTREAM MEDIA WANTS TO TALK ABOUT WITH THE 14TH AMENDMENT.
The entire birthright citizenship debate comes down to five words. "Subject to the jurisdiction thereof."
The 14th Amendment was written in 1868 to guarantee citizenship to formerly enslaved people after the Dred Scott decision. That is it. That is the whole context.
The drafters were not thinking about illegal immigration. Federal immigration restrictions barely existed yet.
There are two sides to this legal fight.
One side says anyone born on US soil is automatically a citizen, period. That has been the practice for over a century.
The other side says "subject to the jurisdiction" means more than just being physically present on American soil. It means OWING FULL LEGAL ALLEGIANCE to the United States. Children of people here illegally arguably do not meet that bar.
The Supreme Court has never directly ruled on this specific question. THE MOST CITED CASE FROM 1898 INVOLVED CHILDREN OF LEGAL IMMIGRANTS, not illegal ones. It is not the slam dunk precedent people claim it is.
This is headed to the current Supreme Court and it will be one of the most consequential rulings in American history either way.
A broad ruling against birthright citizenship creates an enormous humanitarian and logistical upheaval.
A ruling upholding it shuts this door permanently and sends the fight back to Congress.
How will this unpredictable Supreme Court rule? Will they punt just to avoid the upheaval or will they do the right thing and end birthright citizenship for illegals?
Thoughts?
