Constitutional Minute—Birthright Citizenship

On the Supreme Court’s docket: Challengers to Trump’s order tell justices to allow birthright citizenship to stand [for illegal aliens]

Lawyers for two different groups of states, as well as lawyers representing immigrants’ rights groups and several pregnant women, urged the Supreme Court on Friday to leave in place three orders by federal judges that prohibit the federal government from implementing an executive order by President Donald Trump ending birthright citizenship – the guarantee of citizenship to almost everyone born in the United States.

SCOTUS Blog, April 4, 2025

Constitutional Authority on Birthright Citizenship

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The U.S. Constitution, 14th Amendment, Section 1 (Ratified July 9, 1868)

Wong Kim Ark

A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil[e] and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution,

“All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Supreme Court case, United States v. Wong Kim Ark, 169 U.S. 649 (1898)

Wong Kim Ark was born to Chinese parents who were lawful residents of the United States of America.

Historical Background on the 14th Amendment

The 13th Amendment constitutionally ended human slavery and involuntary servitude. Nonetheless, it did not elevate the social status of former slaves and their progeny. The 14th Amendment, Sections 1 and 2, elevated the status of freedmen. They were granted equal voting rights as all other Americans.

Take note of the key phrase, “subject to the jurisdiction thereof.”

Summary

The key phrase, “subject to the jurisdiction thereof,” was first cited in United States v. Wong Kim Ark. The 14th Amendment had a clear intention. It was to confer birthright citizenship to the offspring of non-citizen parents lawfully residing in the United States.

The children of illegal aliens/immigrants are not natural-born U.S. citizens. Neither are the children of parents who are tourists.

Parting Thought: The Biden administration flooded our country with illegal aliens, particularly the swing states, to inflate Democrat congressional districts, thereby increasing the electoral votes for Democrat Party presidents. Electors are numbered according to the whole number of free persons.

John White
Rockwall, Texas

Published by John White

A lifetime (over 50 years) of experiences with automation and control systems ranging from aerospace navigation, radar, and ordinance delivery systems to the world's first robotic drilling machine for the oil patch, to process-control systems, energy management systems and general problem-solving. At present, my focus is on self-funding HVAC retrofit projects and indoor air quality with a view to preventing infections from airborne pathogens.

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