Longstanding judicial view of ‘birthright citizenship’ for aliens goes all the way back to…1982

Longstanding judicial view of ‘birthright citizenship’ for aliens goes all the way back to…1982
Illegal immigrant children

[Ed. – This is a thought-provoking compilation.  Read, as they say, the whole thing.]

Human Events ran “Fox News Anchored in Stupidity on 14th Amendment” by Ann Coulter.  Ms. Coulter explains the original intent, history, and case law surrounding so-called “birthright citizenship.”  Coulter makes a compelling case that the children born to illegal aliens on American soil were never intended to be granted automatic citizenship by the 1868 amendment:

The anchor baby scam was invented 30 years ago by a liberal zealot, Justice William Brennan, who slipped a footnote into a 1982 Supreme Court opinion announcing that the kids born to illegals on U.S. soil are citizens. Fox News is treating Brennan’s crayon scratchings on the Constitution as part of our precious national heritage.

(Is Brennan’s footnote an actual holding, or is it mere obiter dictum?) …

The other must-read article appeared at National Review: “Trump’s Critics Are Wrong about the Fourteenth Amendment and Birthright Citizenship” by Edward J. Erler, a senior fellow at the Claremont Institute.  I’m not going to tell you everything that’s in these articles, as they should be carefully read in their entirety.  But I must quote Erler on the following point:

No one is advocating that those who have been granted birthright citizenship be stripped of their citizenship. …

That “prospective only” point is important, as it should calm fears about revocation of citizenship already conferred.


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