Subjects and Citizens: A Treatise by Justice Clarence Thomas

 Justice Clarence Thomas has presented a significant dissent regarding the concept of citizenship in the U. S., emphasizing its distinction from historical notions of being subjects to a sovereign. His views were highlighted in a dissenting opinion related to the Supreme Court case Trump vs. Barbara, which reversed an executive order that challenged automatic birthright citizenship.

● Concept of Citizenship: Thomas argues that citizenship is fundamentally a two-way agreement between individuals and the political community, differing from the mere notion of being a subject under a sovereign.

● Historical Significance: He emphasizes that the 14th Amendment's purpose was to grant full citizenship to Black Americans, who fought for the nation and owed no allegiance to foreign powers. Their citizenship was rooted in their identity as Americans, not just their birthplace.

● Legal Confusion: The dissent addresses a growing confusion surrounding birthright citizenship, which Thomas believes contradicts the original intent of the Fourteenth Amendment. He warns that redefining citizenship in the context of birthright undermines the revolutionary principles that separated the U. S. from feudalism.

● Implications of Court Decisions: Justice Thomas criticizes the Supreme Court's majority for potentially misunderstanding the implications of birthright citizenship, especially in light of the upcoming 250th anniversary of the Founding of America. He believes this misunderstanding could severely impact the country's future.

● Conclusion of Dissent: Thomas concludes that the Court's current interpretation leads to unfair outcomes, such as granting automatic citizenship to children of foreign visitors while lawful immigrants may wait years for citizenship. He emphasizes that this inconsistency poses a significant challenge to the understanding of American citizenship and its values.

Justice Thomas's dissent not only questions current interpretations of citizenship but also reaffirms the foundational beliefs of American governance and law. His arguments challenge the legal community to reflect on the essential nature of citizenship and the implications of recent court rulings on its future. 

https://brownstone.org/articles/subjects-and-citizens-a-treatise-by-justice-clarence-thomas/