Good news! Just being born on US soil is not not enough to establish US citizenship. That is common sense especially when so many foreign pregnant women are trying to come to the US to give birth!
"... Our brief demonstrates that the Fourteenth Amendment was understood to grant citizenship only to those born in America that are “subject to the jurisdiction thereof,” requiring “complete” allegiance to this country, not to the children of foreign nationals passing through or living here without proper authorization.
The amicus brief traces the historical and constitutional record, showing that:
- American Revolution-Era history confirms that American citizenship was founded on consent and allegiance, not on feudal birthright subjectship.
- Reconstruction-Era debates and the Civil Rights Act of 1866, both of which tied birthright citizenship to full political allegiance.
- Early Supreme Court decisions, including Elk v. Wilkins (1884), recognized that those owing allegiance to another power—including Native American tribes—fell outside the Clause’s protections.
- Congressional practice, such as the 1924 Indian Citizenship Act, which granted citizenship by statute to Native Americans precisely because the Fourteenth Amendment had not done so.
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