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Cutting the Gordian Knot of Birthright Citizenship

CONSTITUTION | September 1, 2025

There can be no perfect interpretation of the Citizenship Clause. But there is a best one: A child is born “subject to the jurisdiction” of the United States when his or her parents are in allegiance to the US—either US citizens or non-diplomat foreigners from friendly countries legally in the United States.

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Why Issues of Birthright Citizenship Are So Difficult

CONSTITUTION, Supreme Court | August 20, 2025

What makes this issue so difficult is that all the major positions have evidence to support them.

Why Issues of Birthright Citizenship Are So Difficult Read More »

How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship

CONSTITUTION | January 20, 2024

Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”

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Understanding the Constitution: the 14th Amendment: Part I

CONSTITUTION | November 15, 2021

This two-part essay is a primer on the longest amendment ever adopted—the 14th.

Understanding the Constitution: the 14th Amendment: Part I Read More »

About birthright citizenship

CONSTITUTION | October 31, 2018

Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.

About birthright citizenship Read More »

Rob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship"

Supreme Court, Uncategorized | September 12, 2015

Rob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship" Read More »

How the Constitutional Case Against Citizenship for Children of Illegal Entrants SHOULD Be Argued

CONSTITUTION, Supreme Court, Uncategorized | September 12, 2015

This is a corrected version of an article originally appearing at the American Thinker website. It is the third of

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Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates

CONSTITUTION, Supreme Court | September 4, 2015

An earlier version of this article first appeared in The American Thinker. Opponents of birthright citizenship often cite fragments of

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An Objective Guide to Birthright Citizenship

CONSTITUTION, Supreme Court, Uncategorized | August 31, 2015

An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of

An Objective Guide to Birthright Citizenship Read More »

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