Whatever the ruling on citizenship, ABA will likely be the biggest loser |
Whatever the ruling on citizenship, ABA will likely be the biggest loser
The Supreme Court will soon hear arguments in the historic birthright citizenship case. It is a hearing that has been over 150 years in the making, since the ratification of the 14th Amendment. It is not just a long-debated question that has divided the nation, but it has divided many lawyers as well.
For that reason, there was one brief that stood out before the court: the amicus brief of the American Bar Association.
The ABA filed its “friend of the court” brief to argue that the matter is clear: Anyone who gives birth on our soil, even if here illegally or only briefly, may claim U.S. citizenship for their child.
Most nations on Earth, including many of our European allies, reject birthright citizenship, and many of us in this nation believe that it is a foolish policy. Yet, even as someone who opposes birthright citizenship, I have long believed and argued that there are good-faith arguments on both sides of this debate.
The sponsors of this language clearly disagreed on the issue at the time of its enactment. Some stated at the time that the language did not allow for birthright citizenship.
The debate comes down to six poorly chosen words: “and subject to the jurisdiction thereof.” Those words were not in the original draft, but were inserted by an amendment. Thus, they were not superfluous or casual verbiage, but an intentional condition. They were placed in the middle of an otherwise clear statement that “all persons born or naturalized in the United States … are citizens of the United States.”
For more than a century, many have argued that the words reflect an intent to limit the amendment to citizens and legal residents who are subject fully to the jurisdiction of the United States.
That brings us back to the bar association. Regardless of how one comes out in the fascinating historical and........