“Birthright Citizenship” Hearing Tuesday Afternoon

[Elderberry]

The Post & Email

(Feb. 25, 2025) — 2:04 p.m. EST – At any moment, the House Judiciary Subcommittee on the Constitution and Limited Government will convene a hearing titled, “‘Subject to the Jurisdiction Thereof’: Birthright Citizenship and the Fourteenth Amendment.”

The hearing follows President Donald Trump’s executive order, signed his first day in office, halting the practice of awarding U.S. citizenship to any child born within the borders of the United States regardless of parental citizenship or legal status.

The order begins:

    By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

    Section 1.  Purpose.  The privilege of United States citizenship is a priceless and profound gift.  The Fourteenth Amendment 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.”  That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.

    But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.  The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.”  Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text. 

More: https://www.thepostemail.com/2025/02/25/birthright-citizenship-hearing-tuesday-afternoon/

[verga]

 

[Elderberry]

The Union Herald
@TheUnionHerald

House Hearing on Birthright Citizenship and the Fourteenth Amendment

House Committee on the Judiciary, Subcommittee on Constitution and Limited Government hearing entitled, "Subject to the Jurisdiction Thereof’: Birthright Citizenship and the Fourteenth Amendment.”

Witnesses Include:

- Charles Cooper, Chairman and Founding Partner, Cooper and Kirk PLLC
-  R. Trent McCotter, Partner, Boyden Gray PLLC
- Matt O'Brien, Director of Investigations, Immigration Reform Law Institute
- Amanda Frost, Professor of Law, University of Virginia School of Law
February 25, 2025.

https://twitter.com/TheUnionHerald/status/1894589460672655860

[Bigun]

An Objective Guide to Birthright Citizenship

This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely interested in the merits of this issue, keep reading.

The Fourteenth Amendment became part of the Constitution in 1868. Its first clause states that “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 in which they reside.”

Although some claim that merely being born in the U.S. makes one a citizen, neither the Constitution nor the Supreme Court support that view. The Fourteenth Amendment further specifies that one must be “subject to the jurisdiction” of the United States. The critical question is whether the child of a resident illegal alien meets that requirement. ...

Excerpt: Rest at headline link for those who might be interested.

[verga]

An Objective Guide to Birthright Citizenship

This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely interested in the merits of this issue, keep reading.

The Fourteenth Amendment became part of the Constitution in 1868. Its first clause states that “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 in which they reside.”

Although some claim that merely being born in the U.S. makes one a citizen, neither the Constitution nor the Supreme Court support that view. The Fourteenth Amendment further specifies that one must be “subject to the jurisdiction” of the United States. The critical question is whether the child of a resident illegal alien meets that requirement. ...

Excerpt: Rest at headline link for those who might be interested.

Thank you for providing that. If I am reading it correctly In the Supreme court it could end up as a coin toss 5-4, 4-5 given the make up of the current bench.

[Bigun]

Thank you for providing that. If I am reading it correctly In the Supreme court it could end up as a coin toss 5-4, 4-5 given the make up of the current bench.

That article is from 2015 @verga but it's still a coin toss. It should be 9-0 against IMHO.

[libertybele]

That article is from 2015 @verga but it's still a coin toss. It should be 9-0 against IMHO.

Agreed.

[berdie]

That article is from 2015 @verga but it's still a coin toss. It should be 9-0 against IMHO.

Should be, but we'll see.

[verga]

That article is from 2015 @verga but it's still a coin toss. It should be 9-0 against IMHO.

I agree, but we have the Wise ass Latina, undependable Roberts, Kagan, and Brown Jackson. I see at least those 4 as voting the wrong way.

[Bigun]

I agree, but we have the Wise ass Latina, undependable Roberts, Kagan, and Brown Jackson. I see at least those 4 as voting the wrong way.

  That is the best we can hope for IMHO.

[collins]

if they left does rule that there is such a thing, children born here to two illegal alien parents are US citizens, it would take a constitutional amendment to get rid of anchor babies, and that would be almost impossible. I really think it will go the other way but I will be glad for any ruling to clear up this thing once and for all. Also, to revisit that Phyler decision back in the 80s that said illegal aliens had a right to attend US public schools - that was 5-4 with a much more liberal SCOTUS.

[Bigun]

if they left does rule that there is such a thing, children born here to two illegal alien parents are US citizens, it would take a constitutional amendment to get rid of anchor babies, and that would be almost impossible. I really think it will go the other way but I will be glad for any ruling to clear up this thing once and for all. Also, to revisit that Phyler decision back in the 80s that said illegal aliens had a right to attend US public schools - that was 5-4 with a much more liberal SCOTUS.

   

[Kamaji]

[corbe]

   This is not in Trump's wheelhouse nor can he persuade the USSC, IMHO.

[libertybele]

if they left does rule that there is such a thing, children born here to two illegal alien parents are US citizens, it would take a constitutional amendment to get rid of anchor babies, and that would be almost impossible. I really think it will go the other way but I will be glad for any ruling to clear up this thing once and for all. Also, to revisit that Phyler decision back in the 80s that said illegal aliens had a right to attend US public schools - that was 5-4 with a much more liberal SCOTUS.

Well, our Secy of State is an anchor baby.  Neither of Rubio's parents were citizens when he was born.  So that could create quite a stir.  However his parents applied for U.S. citizenship and were naturalized in 1975.  They basically were Cuban refugees and his mother made several trips back to Cuba after he was born.

He also was on the ballot running for president.

IF SCOTUS rules against birthright citizenship I don't think that they would be able to make the ruling retroactive.

I'm not so sure that an amendment would be needed as they are ruling on their interpretation of birthright citizenship?

[corbe]

   I haven't trusted Rubio since his gang of 8 fiasco.