The Supreme Court of the United States is set to hear five significant cases, one of which concerns Birthright Citizenship. This summary outlines the core arguments surrounding this case, particularly in the context of President Trump’s Executive Order.
1. Birthright Citizenship Overview: Birthright Citizenship refers to the concept that anyone born on U. S. soil is a U. S. citizen, regardless of their parents' immigration status. President Trump's Executive Order suggests that this should not apply to children born to illegal migrants or temporary visitors.
2. Constitutional Basis: To determine if the Executive Order is constitutional, it must align with existing laws. The Civil Rights Act of 1866 declares that individuals born in the U. S., except for certain groups, are citizens. The main question is whether children born to illegal migrants are considered “subject to any foreign power. ”
3. Parental Allegiance and Jurisdiction: If parents entered the country illegally and did not take steps to legalize their status, their children may also be considered subject to a foreign power at the time of birth.
4. Fourteenth Amendment Context: The Civil Rights Act, passed before the Fourteenth Amendment, must be consistent with it. The Citizenship Clause of the Fourteenth Amendment includes the requirement that individuals be "subject to the jurisdiction of the United States," meaning they must have complete allegiance to the U. S.
5. Historical Interpretation: Statements from Senators Howard and Trumbull during the amendment's debate clarify the intent behind "subject to jurisdiction," emphasizing that it implies complete jurisdiction.
6. Wong Kim Ark Case: The 1898 Supreme Court case of Wong Kim Ark is often cited in discussions of Birthright Citizenship. The court ruled in favor of Wong Kim Ark, recognizing his citizenship because his parents were permanent residents at the time of his birth.
7. Naturalization Process: The naturalization process also requires individuals to renounce their previous allegiances, further aligning with the concept of full jurisdiction needed for citizenship under the Fourteenth Amendment.
The analysis suggests that there are legal foundations supporting President Trump's Executive Order on Birthright Citizenship. If the Supreme Court adheres to constitutional principles, it is likely to rule in his favor, as current laws and historical interpretation reinforce this view.
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