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Birthright Citizenship

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U.S. Supreme Court Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson claim the 14th Amendment of the Constitution requires that “children born in the United States and subject to its laws are United States citizens.”

IN FACT, the 14th Amendment only grants birthright citizenship to the children of people who are “subject to the jurisdiction of the United States,” not people who are merely “within its jurisdiction” and subject to its laws. The U.S. Senator who crafted this language introduced it in the Senate by stating that “subject to the jurisdiction” does NOT include the children of “foreigners, aliens,” “ambassadors,” “an Indian belonging to a tribe,” and anyone not subject to the “same jurisdiction in extent and quality as applies to every citizen of the United States now.”

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