That is the main point: The 14th Amendment was meant to ensure that the necessary relief for former slaves could not be undone by subsequent Congresses or court decisions.
The Supreme Court is into the second month of its current term. Is the child born of a Gypsy born in Pennsylvania a citizen? His father was a Kenyan national, and Kenya automatically confers citizenship on all children born to Kenyan parents.
But we all needed a break, and this comic interlude was nice while it lasted. The naturalization clause is the beginning and the end of it. Immigration and Customs Enforcement will, of necessity, become the skeleton of a nationwide citizenship police. It is an idea that has crawled slowly from the fever swamps of the far right into the center of our discourse, growing more outlandish with each step.
But, as University of Massachusetts immigration scholar Vincent J. According to the best reading of its text, structure, and history, anyone born on American territory, no matter their national origin, ethnicity or station in life, is an American citizen.
A constitutional amendment faces a higher bar since two-thirds of the House and the Senate need to agree on the proposed amendment and its wording, to present it to the states for ratification. With the exception of a few years before the Civil War, the United States followed the British rule of jus solis citizenship defined by birthplacerather than the rule of jus sanguinis citizenship defined by that of parents that prevails in much of Europe.
I once debated the scholar who was the source of most of it, and pointed out that almost all his evidence was not just erroneous, but faked.
Children of immigrants? Congress had that covered: Its Article I power to prescribe terms of citizenship for aliens had never been in dispute; as noted at the start of this essay, Congress had been exercising that power since shortly after the Constitution went into effect.