CHINA'S INVASION! – SCOTUS Arguments Could END Birthright Citizenship Lie!

Quick Overview

The analysis, referencing historical legal documents and Supreme Court precedents like Wong Kim Ark, argues that the 14th Amendment's Citizenship Clause only applies to children born in the US to individuals subject to US jurisdiction, effectively excluding children of temporary visitors, illegal aliens, and foreign diplomats, thereby undermining the basis for birthright citizenship for nearly 100,000 children annually.

Key Points: The discussion centers on challenging birthright citizenship, focusing on the scope of the 14th Amendment's 'subject to the jurisdiction' clause. Referencing Senator Reverdy Johnson's 1866 comments, the speaker asserts the clause was intended to exclude children born to those not owing allegiance to the US, specifically mentioning children of diplomats, foreign soldiers, and American Indians. The Supreme Court precedent Wong Kim Ark is cited, but the speaker notes the Court's holding was limited to children of parents with 'permanent domicile and residence' in the US. Legal arguments from scholars like Steven Menashi and Keith Whittington suggest that birthright citizenship should not automatically apply to children of temporary visitors or illegal aliens. The speaker notes that about 100,000 Chinese babies were born in the US annually under the system being criticized over the last 13 years. The analysis contrasts the historical meaning of 'subject to the jurisdiction' (implying political allegiance) with modern interpretations that focus on physical presence. The speaker mentions the upcoming Supreme Court case regarding the legality of Executive Order 14,160, which aimed to restrict citizenship documents for children of temporary visitors and illegal aliens.

Context: The video features a legal commentator, Andrew Branca, discussing the legal and historical interpretation of the 14th Amendment's Citizenship Clause, particularly concerning birthright citizenship for children born in the United States to non-citizen parents. The discussion references historical congressional debates from 1866, Supreme Court cases like Wong Kim Ark, and scholarly articles to argue that the original intent of the clause did not grant automatic citizenship to children of temporary visitors or those not fully subject to US jurisdiction.