The 14th Amendment & Birthright Citizenship

[OlDawg]

Interesting reads.

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Thoughts?

[tvc184]

I think the there is obviously a case for no birthright citizenship, especially considering the Supreme Court case of Elk v. Wilkins.

Even though John Elk was born in US territory on an Indian reservation, in a 7-2 ruling the Supreme Court said that Elk was not a US citizen. This was because he was born on the reservation and due to treaties, was subject to tribal law, not that of the US.

It took an act of Congress in 1924 under their authority in Article I of the Constitution to regulate immigration and citizenship, to declare that any Native American was a citizen at birth even though they were subject to tribal law. So after WWI and only 100 years ago, Indians born on a reservation were not Americans at birth.

I think however the Supreme Court is about 98% likely to rule in favor of birthright citizenship, more from tradition than fact, much like in Obergefell where on a 5-4 vote they supported same sex marriages.