Pass Constitutional Citizenship!

___Once the SCOTUS rules, the decision becomes a precedent for future decisions. In 1857 in the Dred Scott decision no black of African descent could be a citizen of the United States. The 14th Amendment was necessary to overturn this decision. It gives two conditions for citizenship: 1) All persons born or naturalized in the United States , and 2) subject to the jurisdiction thereof. The second condition meant exclusive allegiance to the United States. This meant, for example, that families of ambassadors and other foreign officials with diplomatic immunity who had a baby born in the United States would not receive citizenship for their baby.

___In 1898 SCOTUS changed the rules to citizenship. The second condition no longer applied. Chief Justice Fuller dissented that birthright citizenship had been repealed by the principles of the American Revolution. Thomas Jefferson had argued that it was a natural right possessed by all men to leave the country [England] where “chance and not choice” had placed them. The natural right to revolution is the perfect antithesis of “perpetual allegiance.” Our founding fathers had renounced their allegiance to England in the Declaration of Independence in 1776. King George disagreed and the war for American Independence was fought (1775-1783 and 1812-1815).

___It is Congress, the peoples' elected representatives, who must decide the matter. Do we want the birthright citizenship of 18th century England and of the 1898 SCOTUS, or do we want citizens who have exclusive allegiance to the United States? Should prisoners of war be brought onto American soil (i.e. from GITMO) and given privileges and immunities of citizens?