Lecture on Birthright Citizenship and the 14th Amendment

Post-Civil War Amendments

• Three key amendments were made after the American Civil War:
  • 13th Amendment: Abolished slavery
  • 14th Amendment: Granted citizenship rights
  • 15th Amendment: Granted voting rights to African-American men

Understanding the 14th Amendment

• The 14th Amendment did not specifically mention race or former slaves.
• Introduced the concept of Birthright Citizenship: Anyone born in the US is a citizen.

Controversies and Legal Challenges

• Donald Trump sought to end Birthright Citizenship via an executive order, which was blocked by federal judges.
• Debate surrounds whether the 14th Amendment intended to grant citizenship to the children of immigrants.
• 40% of Americans believe children of undocumented immigrants should not have citizenship by birth.

Historical Background

• Original US Constitution: Did not specify citizenship details.
• Dred Scott Decision (1857): Declared African-Americans could not be US citizens.
• Civil Rights Act of 1866: Stated people born in the US are citizens, vetoed by the President but overridden by Congress.
• To make citizenship permanent, it was included in the 14th Amendment.

14th Amendment Text

• "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens..."
• Debate exists around the phrase "subject to the jurisdiction thereof."

Supreme Court Case: Wong Kim Ark (1898)

• Wong Kim Ark, born in the US to Chinese immigrants, was denied re-entry to the US.
• Supreme Court ruled he was a citizen, interpreting "jurisdiction" to include children of immigrants.
• Established legal precedence that all born in the US are citizens.

Ongoing Political Debate

• 1980s-1990s: Increased undocumented immigration reignited debate.
• Some lawmakers argue undocumented immigrants' children should not automatically receive citizenship.
• The 14th Amendment was initially passed by Northern states post-Civil War as a peace treaty term.

Conclusion

• The legal consensus supports Birthright Citizenship, though political opinions vary.
• Ongoing disputes may lead to a Supreme Court decision.

Additional Notes

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