Representative Steve King, R-Iowa, makes a rational interpretation of the *14th amendment and has proposed legislation to establish policy based on that interpretation. See Ending Birthright Citizenship Does Not Require A Constitutional Amendment. He makes four basic points:
The keys to understanding Birthright Citizenship:
The plain meaning of the 14th Amendment means that one must BOTH be born in United States AND be subject to the jurisdiction thereof. Since there are two explicit requirements, they both cannot be met by simply being born on U.S. soil.
The history of the drafting of the 14th Amendment makes clear that the language “subject to the jurisdiction thereof” meant a citizen could not owe allegiance to any other foreign power. This excludes illegal immigrants who are in defiance of U.S. jurisdiction and are citizens of a foreign power.
The Supreme Court has never held that the children of illegal immigrants born in the United States are automatically citizens.
Because the Supreme Court has not interpreted the Constitution to mandate automatic birthright citizenship, the Congress can pass a law to correct the current misguided and incorrect policy of automatically granting citizenship to children of illegal immigrants.
But we all know that if anyone attempts to implement that position, or if Steve King's legislation goes into law, it will end up at the Supreme Court. Does anyone really believe that the five of the current Supreme Court justices would go along with that? It isn't conceivable.
*All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.