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Brent Backus

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Brent Backus

November 21, 2025 5:31 pm

Excellent summary below. Birthright citizenship is not automatic under the U.S. Constitution. The key phrase, "under the jurisdiction thereof". The Constitution is the law of the land not SCOTUS. Time... View MoreExcellent summary below. Birthright citizenship is not automatic under the U.S. Constitution. The key phrase, "under the jurisdiction thereof". The Constitution is the law of the land not SCOTUS. Time to stop the misinterpretation of the 14th Amendment! By Joanna Martin, J.D. Section 1 of the 14th Amendment says, in part: “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…” One of the purposes of Section 1 was to extend citizenship to freed slaves. [The other purpose was to provide constitutional authority for the federal Civil Rights Act of 1866. That Act was needed to protect the freed slaves from the Black Codes of southern States which denied to the free Slaves their God-given rights.] Section 1 does not provide that babies born here of illegals who have invaded our Country are Citizens. The key is “subject to the jurisdiction thereof”: Consider the French ambassador and his lovely young wife stationed in Washington, DC. She gives birth to a child here. Her child was born here. But is her child “subject to the jurisdiction” of the United States? No! The child is subject to the same jurisdiction as his parents: France. Consider the American Indians: Sec. 1 of the 14th Amendment did NOT confer citizenship on American Indians. They were not “subject to the jurisdiction of the United States” – they were subject to the jurisdiction of their tribes. Likewise, when an illegal alien who invades our Country has a baby here, that baby is “subject to the jurisdiction” of the invader’s home country. Pursuant to Art. I, Sec. 8, clause 4, US Constitution, Congress may make laws deciding how people become naturalized citizens. But Sec. 1 of the 14th Amendment does not confer citizenship status on babies born here of illegal aliens. This is important. For a deeper understanding of this important issue, see Professor Edward Erler’s brilliant essay, Birthright Citizenship and Dual Citizenship: Harbingers of Administrative Tyranny.

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