Brothers in Law
BROTHERS IN LAW
Birthright citizenship: Originalism 101
These days, everyone wants to be an originalist. But in Trump v. Barbara, the birthright-citizenship case at the Supreme Court, not everyone is doing originalism well.
Samarth Desai
2 Articles
Showing 1 - 22 Results
Brothers in Law
BROTHERS IN LAW
Birthright citizenship: the exceptions provide the rule
The battle over birthright citizenship is a battle over its exceptions. The 14th Amendment’s first sentence proudly proclaims that “[a]ll persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” No one doubts that babies born on American soil are born “in the United States.” So the key question is what “subject to the jurisdiction thereof” means.