Saturday, June 28, 2025

is birthright citizenship constitutional?

begin quote from Google AI:

 

Yes, birthright citizenship is constitutional. It is explicitly guaranteed by the 14th Amendment to the U.S. Constitution. The relevant clause states: "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". This means that anyone born within the United States, with very limited exceptions like children of foreign diplomats, is automatically a U.S. citizen. 
Here's why it's considered constitutional:
  • The 14th Amendment, ratified in 1868, was specifically designed to address citizenship and ensure that all persons born in the U.S. are citizens. 

  • Supreme Court Interpretation:
    The Supreme Court has consistently upheld the principle of birthright citizenship based on the 14th Amendment. A notable case is United States v. Wong Kim Ark, where the court affirmed that a child born in the U.S. to Chinese immigrants, who were then ineligible for citizenship, was still a U.S. citizen. 
  • Longstanding Interpretation:
    For over 150 years, this interpretation of the 14th Amendment has been widely accepted, and there have been numerous attempts to change it through legislation or executive orders, but these have been unsuccessful because they conflict with the Constitution. 
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