It's important to note that even the notion of adopting automatic birthright citizenship for legal immigrants as a constitutional imperative was clearly an activist decision overturning precedent.
When congressional drafters added the second phrase of jurisdiction to the citizenship clause, they were clearly limiting citizenship to those who, in the words of one of the key drafters, were subject to "Complete" jurisdiction as Americans.
Sen. Jacob Howard of Michigan, the principle author of the citizenship clause of the 14th Amendment, explicitly said that candidates for citizenship must be born here and not owe allegiance to any another authority.
Writing for the court in Elk v. Wilkins, Justice Horace Gray asserted that the phrase "Subject to the jurisdiction" is "Not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance".
If our modern birthright citizenship "Legal scholars" would bother to read the compelling and scholarly dissent of Chief Justice Fuller, they'd see that.
The very source of birthright citizenship made it clear that it doesn't apply to illegal immigrants.
Among the many parts of Wong Kim Ark that the TV scholars conveniently omit is when Gray qualifies the mandate to grant citizenship to children of those immigrants living here "So long as they are permitted by the United States to reside here." There it is.
https://www.conservativereview.com/news/heres-what-the-supreme-court-actually-said-about-birthright-citizenship/
When congressional drafters added the second phrase of jurisdiction to the citizenship clause, they were clearly limiting citizenship to those who, in the words of one of the key drafters, were subject to "Complete" jurisdiction as Americans.
Sen. Jacob Howard of Michigan, the principle author of the citizenship clause of the 14th Amendment, explicitly said that candidates for citizenship must be born here and not owe allegiance to any another authority.
Writing for the court in Elk v. Wilkins, Justice Horace Gray asserted that the phrase "Subject to the jurisdiction" is "Not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance".
If our modern birthright citizenship "Legal scholars" would bother to read the compelling and scholarly dissent of Chief Justice Fuller, they'd see that.
The very source of birthright citizenship made it clear that it doesn't apply to illegal immigrants.
Among the many parts of Wong Kim Ark that the TV scholars conveniently omit is when Gray qualifies the mandate to grant citizenship to children of those immigrants living here "So long as they are permitted by the United States to reside here." There it is.
https://www.conservativereview.com/news/heres-what-the-supreme-court-actually-said-about-birthright-citizenship/
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